Are M80’s, M100’s Quarter sticks considered fireworks?
A. M80’s and similar devices are considered “explosives” and not fireworks. The US Consumer Products Safety Commission (CPSC) banned these devices in 1966 under the Child Protection Act (T16 CFR 150-1507). Cherry Bombs, Silver Salutes, M80’s, M100’s and Quarter Sticks contain explosive composition in excess of the limits set by CPSC. In 1976, it was determined by CPSC that no more than 50 milligrams of powder can be used in 1.4G fireworks (consumer) and the fuse will have at least 3 seconds, but not longer than 9 seconds. If law enforcement or the AHJ seizes M-80’s from a subject, that person may be charged with possession and use of explosives rather than a fireworks’ violation. Charges could (depending on the circumstances) be a violation of ORC 2923.17 A & B, Unlawful Possession of a Dangerous Ordinance, (F5). Charges can also be Possessing Criminal Tools (M1) as set out in 2923.24(B)(1). Additionally, these devices are a violation of Federal Law.
