§ 490.70 Limitations.
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.
