Section 490.70. Limitations


Latest version.
  • 1.  The provisions of sections 490.37, 490.40, 490.45, 490.47, 490.50,
      and 490.55 of this article shall not apply where the defendant possessed
      or used:
        (a) any household product generally available for sale to consumers in
      this state in the quantity and concentration available for such sale;
        (b) a self-defense spray device in accordance with the  provisions  of
      paragraph fourteen of subdivision a of section 265.20 of this chapter;
        (c)  a  chemical weapon solely for a purpose not prohibited under this
      chapter, as long as the type and quantity  is  consistent  with  such  a
      purpose; or
        (d)   a  biological  agent,  toxin,  or  delivery  system  solely  for
      prophylactic,  protective,  bona  fide  research,  or   other   peaceful
      purposes.
        2.  For  the  purposes  of  this  section,  the  phrase  "purposes not
      prohibited by this chapter" means the following:
        (a) any peaceful  purpose  related  to  an  industrial,  agricultural,
      research,   medical,   or  pharmaceutical  activity  or  other  peaceful
      activity;
        (b) any purpose directly related to protection against toxic chemicals
      and to protection against chemical weapons;
        (c) any military purpose of the United States that  is  not  connected
      with the use of a chemical weapon or that is not dependent on the use of
      the  toxic or poisonous properties of the chemical weapon to cause death
      or other harm; and
        (d) any law enforcement purpose, including any domestic  riot  control
      purpose and including imposition of capital punishment.