Wrong Spence....biological AND chemical weapons DO count as WMD......
(1) "Weapon of mass destruction" includes chemical warfare agents, biological warfare agents, nuclear agents, or radiological agents, the intentional release of industrial agents as a weapon, or any destructive device or explosive in excess of five pounds or 2.26 kilograms. "Weapon of mass destruction" does not include the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system utilized for prophylactic, protective, or peaceful purposes by any university, research institution, private individual, or hospital which is registered with the Centers for Disease Control and Prevention (CDC) pursuant to Part 113 (commencing with Section 113.1) of Subchapter E of Chapter 1 of Title 9 of the Code of Federal Regulations, or any successor provisions.