Plutonium, a radioactive metallic element with the atomic number 94, was discovered in 1940. Scientists synthesized it by bombarding uranium-238, establishing its significance for both nuclear power generation and weapons. This association with materials of immense strategic importance immediately placed plutonium under the strictest government control. The direct answer to whether a private citizen can purchase plutonium is an unequivocal no.
Classification as Special Nuclear Material
Plutonium’s legal designation stems from its fissile nature, meaning its atoms can easily split to sustain a nuclear chain reaction. In the United States, all isotopes of plutonium are classified as “Special Nuclear Material” (SNM) under the Atomic Energy Act (AEA) of 1954. The AEA grants the government sweeping authority to control access and possession of these materials for national security and public safety.
The SNM designation applies not only to pure plutonium but also to uranium-233 and uranium enriched in the isotope uranium-235. This classification reflects the material’s potential for use in nuclear explosives or power reactors, necessitating rigorous regulation. The entire supply chain of plutonium is under government oversight, ensuring no individual can legally acquire or transfer the material without specific authorization.
Legal Pathways for Authorized Acquisition
While private citizens are prohibited from purchasing plutonium, various institutions can legally possess and use it through a stringent licensing process. The Nuclear Regulatory Commission (NRC) manages the domestic licensing for the possession and use of SNM. These specific licenses are typically granted to accredited research universities, specialized industrial facilities, government contractors, and nuclear power companies.
A company seeking a license must submit a detailed application demonstrating compliance with rigorous federal safety and security requirements. The application must detail the material’s type, form, quantity, user qualifications, and radiation protection programs. Authorized users must implement extensive material safeguards, including a strict chain of custody and detailed accounting, to prevent loss or theft. The NRC reviews these applications and imposes specific conditions on the license to ensure public safety and national security.
Distinguishing Between Plutonium Grades
The isotopic composition of plutonium significantly influences its potential application and corresponding regulation. Plutonium is produced in a nuclear reactor when uranium-238 absorbs a neutron, which then decays into plutonium-239. As the fuel remains in the reactor for longer periods, the plutonium-239 absorbs additional neutrons, creating higher isotopes like plutonium-240 and plutonium-242.
Weapons-Grade vs. Reactor-Grade
This variation leads to different classifications. “Weapons-grade” plutonium contains less than 7% of the plutonium-240 isotope. This lower percentage is preferred for weapons because plutonium-240 has a high spontaneous fission rate, which can cause a nuclear weapon to pre-initiate and reduce its yield. In contrast, “reactor-grade” plutonium, found in spent commercial power reactor fuel, contains 19% or more plutonium-240.
Plutonium-238
A unique isotope is plutonium-238, which is not fissile but is a powerful heat source used in radioisotope thermoelectric generators (RTGs). This heat-generating property allows Pu-238 to power long-duration NASA space missions. While all plutonium is SNM, the regulation and handling protocols for Pu-238 differ due to its application as a thermal power source.
Regulatory Oversight and Consequences of Unauthorized Possession
The control of plutonium is primarily the responsibility of the Nuclear Regulatory Commission (NRC) and the Department of Energy (DOE) in the United States. The NRC enforces its regulations through a system of licensing, inspection, and enforcement actions. Licensees are required to report any loss, theft, or attempted theft of one gram or more of contained plutonium to the NRC Operations Center within one hour of discovery.
Unauthorized acquisition, transfer, or possession of Special Nuclear Material constitutes a major federal crime with extremely severe consequences. Federal law includes criminal penalties such as substantial fines and long-term imprisonment, with the potential for life in prison if the violation results in death or serious bodily injury. These penalties reflect the threat to national security posed by the proliferation or misuse of fissile materials. International efforts aim to prevent the illicit trafficking of these substances worldwide.