Pepper Spray Laws
Pepper Spray Laws by State
Zarc International, Inc™ with the assistance of legal counsel, compiled these state statutes referenced below on the sale and use of pepper sprays in the respective states.
We believe these statements to be correct to the best of our ability, however this document should not be used for any legal interpretation.
Zarc International, Inc.™ allowed products listing may change from time to time as well as state statutes. This is the most current compilation of pepper spray state laws. Please check with your local jurisdiction if unsure.
State
Legal?
Alabama
Legal
Pepper spray (OC spray) is legal for civilians to purchase, possess, and carry in Alabama for self-defense. Alabama does not impose a statutory age minimum, size limit, or concentration limit on civilian purchase or possession of pepper spray/defense spray.
Restriction on use: Alabama Code Section 13A-6-27, "Use of pepper spray, etc.," makes it a crime to use a defense spray (defined to include "pepper spray, foam and any other self-defense chemical spray") against another person in the commission of a crime, or against a law enforcement officer performing official duties. This is a use-based criminal restriction, not a restriction on lawful purchase, possession, or self-defense carry.
No carry restrictions specific to pepper spray (e.g., schools, courthouses, government buildings) were found in Alabama statute; general prohibited-persons or premises restrictions applicable to weapons generally were not identified for this product category.
Primary source: Ala. Code Section 13A-6-27, official text via Alabama Administrative Office of Courts: https://judicial.alabama.gov/docs/library/docs/13A-6-27.pdf
This is general information, not legal advice. Laws change. Confirm current requirements with Alabama authorities or your own counsel before purchasing or carrying.
ARKANSAS
Legal with Restrictions
Arkansas law permits civilians to possess, carry, and use tear gas or pepper spray for self-defense. Ark. Code Ann. Section 5-73-124 states: "It is lawful for a person to possess or carry, and use, a container of tear gas or pepper spray to be used for self-defense purposes only." Unauthorized possession/use outside this exception (and outside the law-enforcement and banking-institution exceptions in the statute) is a Class A misdemeanor.
Age minimum: The statute text located does not set a distinct minimum age to purchase or possess pepper spray specifically.
Size/concentration limit: The container capacity may not exceed three hundred milliliters (300 ml). This is an increase from the previously-cited 150 cc (approximately 150 ml) limit — the capacity was amended from 150cc to 300ml by 2021 Arkansas Act 566 (HB1597).
Carry restrictions: The statute prohibits use of tear gas/pepper spray against a law enforcement officer performing official duties; no general prohibited-place rules (schools, courthouses, government buildings) are specified in this section.
Statute: Ark. Code Ann. Section 5-73-124 (Tear Gas — Pepper Spray). Primary source: 2021 Arkansas Act 566 (HB1597) amending the capacity limit, https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2F&file=566.pdf&ddBienniumSession=2021%2F2021R ; current codified text corroborated via Justia, https://law.justia.com/codes/arkansas/2024/title-5/subtitle-6/chapter-73/subchapter-1/section-5-73-124/
This is general information, not legal advice. Laws change. Confirm current requirements with Arkansas authorities or your own counsel before purchasing or carrying.
Alaska
Legal with Restrictions
Alaska law permits civilian purchase and possession of pepper spray/OC spray as a "defensive weapon," subject to an age restriction on sale and a carry restriction on school property.
Definition: AS 11.81.900(a)(18) defines "defensive weapon" as "a device to dispense Mace or a similar chemical agent, that is not designed to cause death or serious physical injury."
Age minimum: AS 11.61.210(a)(6) makes it a crime to knowingly sell a defensive weapon to a person under 18 years of age.
Size/concentration limit: No Alaska statute imposes a specific ounce/cc or % OC concentration limit on civilian pepper spray.
Carry restrictions: AS 11.61.210(a)(7)-(8) restricts possession of a "defensive weapon" on school grounds, on school buses, or at school-sponsored events. Non-students may not possess a defensive weapon on school premises unless they are 21 years of age or older, subject to the statute's specific exceptions; students may not possess one on school property or buses without prior permission from designated school authorities.
Source: Alaska Statutes Title 11, Chapter 61, AS 11.61.210, Alaska State Legislature, https://www.akleg.gov/basis/statutes.asp
This is general information, not legal advice. Laws change. Confirm current requirements with Alaska authorities or your own counsel before purchasing or carrying.
Arizona
Legal
Arizona law does not prohibit or specifically regulate the civilian purchase, possession, or use of pepper spray / OC self-defense spray. Ariz. Rev. Stat. Section 13-3101(A)(8) defines "prohibited weapon" for purposes of Arizona's weapons statutes, but subsection (A)(8)(b)(ii) expressly excludes "any propellant, propellant actuated devices or propellant actuated industrial tools that are manufactured, imported or distributed for their intended purposes" from that definition.
Age minimum: No Arizona statute was found imposing a specific minimum age to purchase or possess pepper spray.
Size/concentration limit: No Arizona statute was found imposing a size, volume, or OC-concentration cap on self-defense sprays.
Carry restrictions: No Arizona statute specific to pepper spray was found restricting carry in particular locations.
Primary source: Arizona State Legislature, Ariz. Rev. Stat. Section 13-3101, https://www.azleg.gov/ars/13/03101.htm
This is general information, not legal advice. Laws change. Confirm current requirements with Arizona authorities or your own counsel before purchasing or carrying.
California
Legal with Restrictions
Aerosol OC pepper spray is legal to purchase, possess, and use in California for self-defense, under Cal. Penal Code Section 22810. The statute permits any person to purchase, possess, or use tear gas or a tear gas weapon "if the tear gas or tear gas weapon is used solely for self-defense purposes," subject to the conditions below. No state permit or licence is required for a qualifying adult purchaser.
Size and delivery limit: Section 22810(e)(1) bars any tear gas weapon "that expels a projectile, or that expels the tear gas by any method other than an aerosol spray, or that contains more than 2.5 ounces net weight of aerosol spray." The 2.5 ounce cap is net weight of aerosol spray.
Age: Sale or furnishing to a minor is prohibited, and a minor may not purchase, possess, or use tear gas (Section 22810(c)-(d)). One exception applies: under Section 22815, a minor who has attained 16 years of age may purchase and possess tear gas if accompanied by a parent or guardian, or with the written consent of a parent or guardian. The consenting parent or guardian is jointly and severally liable for non-self-defense use by the minor.
Prohibited persons: Section 22810(a)-(b) bar any person convicted of a felony or of any crime involving an assault, any person convicted of misuse of tear gas, and any person addicted to a narcotic drug.
Labelling and packaging: Each unit must carry the statutory warning text and the expiration date of its useful life, must bear the manufacturer's name and a serial number (Section 22905), and must be supplied with printed instructions and an insert covering directions for use, first aid, safety and storage, and the legal consequences of improper use (Section 22810(e)(2)-(4), (f)).
Penalties: Use of tear gas other than in self-defense is a public offense punishable under Section 22810(g) by 16 months, two, or three years of confinement pursuant to Penal Code Section 1170(h), or by up to one year in county jail, or by a fine of up to $1,000, or by both. Section 22900 separately provides up to one year and a fine of up to $2,000 for selling, possessing, or transporting tear gas outside the authority of the division.
Statute: Section 22810 is the successor to former Penal Code Section 12403.7, which was repealed and recodified by the Deadly Weapons Recodification Act of 2010 (Stats. 2010, Ch. 711 (SB 1080)), operative January 1, 2012. Section 22810 last amended 2011 ("Amended by Stats. 2011, Ch. 15, Sec. 538. (AB 109) Effective April 4, 2011... Section operative January 1, 2012"). Section 22815 last amended 2018 (Stats. 2018, Ch. 185, Sec. 5 (AB 2176), effective January 1, 2019).
Official source (California Legislative Information): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=22810.
Verified against that source: August 26, 2026.
This is general information, not legal advice. Laws and local ordinances change. Confirm current requirements with California authorities or your own counsel before purchasing or carrying.
Colorado
Legal
No Colorado statute specifically regulates the purchase, possession, or carry of pepper spray / OC spray by civilians for self-defense. Colorado does not require a permit or license to buy, carry, or transport pepper spray.
Age minimum: No Colorado statute sets a minimum age to purchase or possess pepper spray specifically.
Size/concentration limit: No Colorado statute sets a maximum size, volume, or OC concentration for civilian self-defense spray.
Carry restrictions: Pepper spray is not a "firearm" and, in ordinary self-defense use, does not meet the statutory definition of "deadly weapon" under Colo. Rev. Stat. Section 18-1-901(3)(e) ("a knife, bludgeon, or any other weapon, device, instrument, material, or substance ... that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury"), so the school-grounds weapons restriction in Colo. Rev. Stat. Section 18-12-105.5 (which applies to "deadly weapons") does not clearly reach ordinary carry of pepper spray. Misuse — spraying someone without legal justification — can be charged as assault or menacing under Colorado's general criminal statutes, and lawful self-defense use is governed by Colo. Rev. Stat. Section 18-1-704 (use of physical force in defense of a person). Persons legally prohibited from possessing weapons (e.g., under Colo. Rev. Stat. Section 18-12-108, possession of weapons by previous offenders) should confirm with counsel whether that restriction is read to include chemical self-defense sprays, as this has not been definitively resolved in the sources reviewed.
Primary source: Colorado Revised Statutes, Title 18, Article 1, Section 18-1-901(3)(e) and Article 12, Sections 18-12-105.5 and 18-1-704, https://law.justia.com/codes/colorado/title-18/ (statute text as codified; official Colorado General Assembly source not directly reachable during this research pass and should be confirmed against https://leg.colorado.gov/colorado-revised-statutes).
This is general information, not legal advice. Laws change. Confirm current requirements with Colorado authorities or your own counsel before purchasing or carrying.
Delaware
Legal
Delaware does not have a statute that generally prohibits civilian purchase, possession, or carry of pepper spray / OC (oleoresin capsicum) spray. Title 11, Del. C. Section 222(8) defines "disabling chemical spray" to include "mace, tear gas, pepper spray or any other mixture containing quantities thereof, or any other aerosol spray or any liquid, gaseous or solid substance capable of producing temporary physical discomfort, disability or injury through being vaporized or otherwise dispersed in the air, or any canister, container or device designed or intended to carry, store or disperse such aerosol spray or such gas or solid." (https://delcode.delaware.gov/title11/c002/index.html)
Age minimum: No Delaware statute specifically setting a minimum age to purchase or possess disabling chemical spray/pepper spray was located in the primary source review of Title 11, Chapters 2 and 5.
Size/concentration limit: No statutory limit on size, volume, or OC concentration was found.
Carry restrictions: No general carry restriction (e.g., schools, government buildings) specific to disabling chemical spray was located. Criminal-use enhancement: using a "disabling chemical spray" to commit an assault against a law-enforcement officer, or against any person while committing another enumerated crime, elevates the offense to Assault in the Second Degree under 11 Del. C. Section 612(a)(7)-(8) (https://delcode.delaware.gov/title11/c005/sc02/index.html). This is a penalty enhancement for criminal misuse, not a restriction on lawful purchase, possession, or carry.
This is general information, not legal advice. Laws change. Confirm current requirements with Delaware authorities or your own counsel before purchasing or carrying.
District of Columbia
Pepper spray in DC is legal with restrictions.
Self-defense sprays are lawful if used or possessed by a person 18 or over "in the exercise of reasonable force in defense of the person or the person's property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its anticipated useful life." Section 6-2322 et seq.
When purchasing such a spray, the buyer must complete a standard registration form, and the vendor must forward the form to the Metropolitan Police Department. Section 6-2324. Internet Sales Limited
FLORIDA
Legal
Pepper spray (self-defense chemical spray) is legal for civilian purchase, possession, and carry in Florida.
Age minimum: Florida Statutes Section 790.001 and Section 790.054 do not set a statutory minimum purchase or possession age specific to self-defense chemical spray; no age restriction was found in the primary source.
Size/concentration limit: Florida Statutes Section 790.001(16) defines a "self-defense chemical spray" as "a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical." Devices exceeding two ounces fall outside this statutory definition. See https://www.flsenate.gov/Laws/Statutes/2025/790.001
Carry restrictions: Florida Statutes Section 790.054 makes it a third-degree felony to knowingly and willfully use a self-defense chemical spray or device against a law enforcement officer engaged in the performance of official duties. See https://www.flsenate.gov/Laws/Statutes/2025/790.054. No other statutory carry restrictions (e.g., schools, courthouses, government buildings) specific to self-defense chemical spray were located in Chapter 790.
This is general information, not legal advice. Laws change. Confirm current requirements with Florida authorities or your own counsel before purchasing or carrying.
GEORGIA
Legal
No Georgia statute specifically regulates the purchase, possession, or carry of pepper spray (OC / chemical self-defense spray) by civilian adults. Georgia's weapons statutes (O.C.G.A. Title 16, Chapter 11, Article 4, Part 3, including O.C.G.A. Section 16-11-127.1, governing weapons in school safety zones) define "weapon" to cover firearms, knives with blades of two inches or more, stun guns, and tasers — chemical repellent devices are not listed in that definition.
Age minimum: No Georgia statute sets a specific minimum age to purchase or possess pepper spray for civilian self-defense use.
Size/concentration limit: No Georgia statute sets a size, volume, or OC concentration limit for civilian pepper spray.
Carry restrictions: Because pepper spray is not listed in the O.C.G.A. Section 16-11-127.1 "weapon" definition, the school-safety-zone carry restrictions that apply to firearms, certain knives, stun guns, and tasers do not, on the statutory text as researched, extend to chemical repellent sprays. General Georgia weapons-carry law (O.C.G.A. Title 16, Chapter 11) likewise does not list chemical sprays among regulated carry weapons. Standard restrictions on threatening, assaultive, or otherwise unlawful use of any object still apply under Georgia's general assault/battery statutes, independent of pepper spray specifically.
Primary source consulted: O.C.G.A. Section 16-11-127.1, Georgia Code, Title 16, Chapter 11, Article 4, Part 3 (https://law.justia.com/codes/georgia/title-16/chapter-11/article-4/part-3/section-16-11-127-1/), a Justia mirror of the official Georgia Code, since the official Georgia General Assembly statute search (legis.ga.gov) could not be loaded directly during this research session.
This is general information, not legal advice. Laws change. Confirm current requirements with Georgia authorities or your own counsel before purchasing or carrying.
HAWAII
UNVERIFIED
No Hawaii state statute (Hawaii Revised Statutes) specifically regulating civilian purchase, possession, carry, or use of pepper spray/OC spray was located. HRS Chapter 134 (Firearms, Ammunition and Dangerous Weapons) regulates firearms, switchblade/butterfly knives, and electric guns, but does not name tear gas, OC, or pepper spray. Source checked: official Hawaii Revised Statutes site, https://www.capitol.hawaii.gov/hrscurrent/.
The only primary source found addressing pepper spray at all is a county ordinance, not a state law: Kaua'i County Code, Article 15 ("Possession and Use of Pepper Spray for Self-Defense or Defense of Others"), https://ecode360.com/42676581, which sets a minor purchase/possession/use ban and a 2-ounce volume cap, with no adult licensing requirement. Rules may vary by county in the absence of a statewide statute.
Age minimum: not established by state statute; the Kaua'i County ordinance prohibits purchase, possession, and use by minors.
Size/concentration limit: not established by state statute; the Kaua'i County ordinance caps container volume at 2 ounces.
Carry restrictions: none identified at the state level.
This is general information, not legal advice. Laws change. Confirm current requirements with Hawaii authorities or your own counsel before purchasing or carrying.
IDAHO
Legal
Idaho law does not prohibit civilian purchase, possession, or carry of pepper spray (OC spray) for self-defense. Idaho Code Section 18-3324 ("Use of Chemical Weapons — Definitions") criminalizes the development, production, acquisition, or possession of "chemical weapons," but subsection (4) expressly exempts self-defense sprays: "Nothing in this section shall be construed to prohibit the possession or use of any individual self-defense device, including devices which contain pepper spray or chemical mace." Primary source: Idaho State Legislature, Idaho Code Section 18-3324, https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch33/sect18-3324/
Age minimum: No Idaho statute specific to pepper spray sets a minimum purchase or possession age.
Size/concentration limit: No Idaho statute imposes a specific size, volume, or OC-concentration cap on self-defense sprays.
Carry restrictions: No pepper-spray-specific carry restriction was located in Idaho Code Chapter 33 (Firearms, Explosives and Other Deadly Weapons). General prohibited-persons or restricted-location weapons statutes should be independently checked if they define "weapon" broadly enough to reach chemical self-defense sprays; none of the sources reviewed extend such restrictions to pepper spray specifically.
This is general information, not legal advice. Laws change. Confirm current requirements with Idaho authorities or your own counsel before purchasing or carrying.
ILLINOIS
Legal with Restrictions
Illinois law makes it unlawful to carry a tear gas gun, projector, bomb, or object containing noxious liquid gas or substance, except for "an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense" carried by a person 18 years of age or older. 720 ILCS 5/24-1(a)(3).
Age minimum: the personal-defense exemption applies only to a person 18 years of age or older. Possession/carry by someone under 18 is not exempted.
Size/concentration limit: the statute does not specify an ounce, cc, or percentage-OC limit, only that the device must be designed solely for personal defense.
Carry restrictions: no additional carry restrictions specific to pepper spray were found within 720 ILCS 5/24-1 itself; general prohibited-persons/prohibited-places weapons statutes elsewhere in Illinois law may still apply.
Statute: 720 ILCS 5/24-1(a)(3), Illinois Compiled Statutes, https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-1
This is general information, not legal advice. Laws change. Confirm current requirements with Illinois authorities or your own counsel before purchasing or carrying.
INDIANA
Legal
No Indiana statute specifically regulates the civilian purchase, possession, carry, age minimum, size, or OC concentration of pepper spray / OC spray for self-defense. Indiana Code Title 35, Article 47 ("Weapons and Instruments of Violence") regulates firearms and, in Chapter 8, stun guns/Tasers, but contains no chapter addressing chemical self-defense sprays. Indiana's general "deadly weapon" definition, Indiana Code Section 35-31.5-2-86, includes "a chemical substance... that in the manner it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury" — a manner-of-use standard applied case-by-case, not a standalone possession ban or purchase restriction on OC spray itself.
Age minimum: none specified by statute for purchase or possession of pepper spray specifically.
Size/concentration limit: none specified by statute.
Carry restrictions: none specific to pepper spray identified; general Indiana restrictions on weapons in courthouses, schools, and other government buildings may still apply depending on local policy and how "weapon" is defined at that location — verify with the specific facility.
Primary sources checked: Indiana Code Title 35, Article 47, https://iga.in.gov/laws/2026/ic/titles/35#35-47, and the "deadly weapon" definition at Indiana Code Section 35-31.5-2-86, https://iga.in.gov/laws/2026/ic/titles/35#35-31.5-2-86.
This is general information, not legal advice. Laws change. Confirm current requirements with Indiana authorities or your own counsel before purchasing or carrying.
IOWA
Legal
Iowa has no statute that specifically regulates the civilian purchase, possession, or carrying of pepper spray (OC / oleoresin capsicum) for self-defense.
Age minimum: No Iowa statute sets an age minimum specific to pepper spray.
Size/concentration limit: No Iowa statute sets a size or OC-concentration limit for civilian self-defense spray.
Carry restrictions: None specific to pepper spray were found. Iowa's weapons statutes define "dangerous weapon" (Iowa Code Section 702.7) and "offensive weapon" (Iowa Code Section 724.1) by reference to firearms, blades, and electric-immobilization devices — chemical self-defense sprays are not listed in either definition, so general weapons-carry restrictions (e.g., courthouses under Iowa Code Section 724.32, prohibited-persons provisions under Chapter 724) do not appear to apply to pepper spray by its terms. Generally applicable law (e.g., assault, disorderly conduct) still governs misuse of any object, including pepper spray.
Primary source reviewed: Iowa Code Chapter 724 (Weapons) and Section 702.7, official Iowa Legislature code database: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=724&year=2026
This is general information, not legal advice. Laws change. Confirm current requirements with Iowa authorities or your own counsel before purchasing or carrying.
KANSAS
Legal
Kansas has no statute that specifically bans, licenses, or restricts civilian purchase or possession of pepper spray (OC spray) for self-defense.
Age minimum: No Kansas statute sets an age minimum specific to purchasing or possessing pepper spray.
Size/concentration limit: No Kansas statute sets a size, volume, or OC-concentration limit for civilian self-defense spray.
Carry restrictions: Kan. Stat. Ann. Section 21-6302 ("Criminal carrying of a weapon") makes it a Class A nonperson misdemeanor to knowingly carry "a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance" only where there is intent to use it unlawfully. Ordinary carry and use of pepper spray for lawful self-defense is not covered by that intent element. No separate statute addresses carrying pepper spray onto school grounds, into courthouses, or restricts possession by felons or other prohibited persons as to OC spray specifically.
Primary source checked: Kan. Stat. Ann. Section 21-6302, Kansas Statutes Chapter 21, Article 63 (Crimes Against the Public Safety), text as compiled at https://law.justia.com/codes/kansas/chapter-21/article-63/section-21-6302/ (the official Kansas Revisor of Statutes site blocked automated access during this research and should be cross-checked before publication).
This is general information, not legal advice. Laws change. Confirm current requirements with Kansas authorities or your own counsel before purchasing or carrying.
KENTUCKY
Legal
No Kentucky statute specifically regulates the purchase, possession, or carry of pepper spray (OC / oleoresin capsicum spray) by civilians for self-defense.
Age minimum: None specified by Kentucky statute for purchase or possession of pepper spray.
Size/concentration limit: None specified by Kentucky statute.
Carry restrictions: None specific to pepper spray found in the Kentucky Revised Statutes. Kentucky's deadly-weapon definition, KRS 500.080(4), lists weapons of mass destruction, firearms, knives (other than ordinary pocket/hunting knives), billy clubs, blackjacks, nunchaku, shuriken, and metal knuckles as "deadly weapons" — tear gas, pepper spray, and other OC/chemical dispensing devices are not included, and KRS Chapter 237 (deadly weapons/concealed carry licensing) likewise does not address pepper spray. See https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55475 (KRS 500.080) and https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38384 (KRS Chapter 237).
This is general information, not legal advice. Laws change. Confirm current requirements with Kentucky authorities or your own counsel before purchasing or carrying.
LOUISIANA
Legal
No Louisiana statute specifically regulates the purchase, possession, or use of pepper spray / OC (oleoresin capsicum) spray by civilians for self-defense.
Age minimum: Louisiana has no statutory age minimum specific to pepper spray. Retailers, including Zarc, may apply their own minimum purchase age as a matter of policy.
Size/concentration limit: No statutory limit on canister size or OC concentration for civilian self-defense spray was found.
Carry restrictions: Louisiana's general weapons statute, La. Rev. Stat. Section 14:95 ("Illegal carrying of weapons"), prohibits concealed carry of a "dangerous weapon," defined at La. Rev. Stat. Section 14:2 as an instrumentality that, in the manner used, is calculated or likely to produce death or great bodily harm — pepper spray used for ordinary self-defense purposes has not been identified as falling under this definition in the statutory text reviewed. No Louisiana-specific carve-out or restriction naming chemical self-defense sprays was identified.
Primary sources reviewed: La. Rev. Stat. Section 14:95, https://www.legis.la.gov/legis/Law.aspx?p=y&d=78739 ; La. Rev. Stat. Section 14:2 (general definitions).
This is general information, not legal advice. Laws change. Confirm current requirements with Louisiana authorities or your own counsel before purchasing or carrying.
MAINE
Legal
Pepper spray (OC) is legal to purchase, possess, and carry in Maine for self-defense.
Statute: Maine's "criminal use of disabling chemicals" law, 17-A M.R.S. Section 1002, makes it a Class D crime to "intentionally spray[] or otherwise use[] upon any other person chemical mace or any similar substance composed of a mixture of gas and chemicals which has or is designed to have a disabling effect upon human beings" — but the statute expressly does not apply when the substance is used in defense of a person, defense of premises, or to retake property/prevent criminal mischief, consistent with Maine's nondeadly-force justification statutes (17-A M.R.S. Sections 104, 105, 108). Source: https://www.mainelegislature.org/legis/statutes/17-a/title17-Asec1002.html
Age minimum: No age minimum specific to pepper spray purchase or possession is set out in this statute; no other Maine statute addressing an age limit for civilian pepper spray was located.
Size/concentration limit: No statutory size, volume, or OC-concentration limit for civilian pepper spray was located.
Carry restrictions: No Maine statute specific to pepper spray restricting where it may be carried (schools, courthouses, government buildings) was located; general prohibited-persons or restricted-location weapons statutes should be checked separately if carry-location guidance is needed.
This is general information, not legal advice. Laws change. Confirm current requirements with Maine authorities or your own counsel before purchasing or carrying.
MARYLAND
Legal with Restrictions
Maryland law addresses pepper spray under Md. Code, Criminal Law Section 4-101, which defines "pepper mace" as "an aerosol propelled combination of highly disabling irritant pepper-based products," also known as oleoresin capsicum (OC) spray, and treats it as a dangerous weapon for purposes of the statute's carry rules.
Age minimum: No age minimum specific to pepper spray purchase or possession is stated in Section 4-101 itself.
Size/concentration limit: Section 4-101 does not set a maximum size, volume, or OC concentration for pepper mace.
Carry restrictions: Section 4-101 generally prohibits wearing or carrying a dangerous weapon concealed on or about the person, and prohibits carrying one openly "with the intent or purpose of injuring an individual in an unlawful manner." However, the statute exempts a person who carries the weapon "as a reasonable precaution against apprehended danger," subject to a court's later review of whether that carrying was reasonable in a given case.
Primary source: Md. Code, Criminal Law Section 4-101, https://mgaleg.maryland.gov/2025RS/Statute_Web/gcr/4-101.pdf
This is general information, not legal advice. Laws change. Confirm current requirements with Maryland authorities or your own counsel before purchasing or carrying.
MASSACHUSETTS
Pepper spray in MA is legal with restrictions.
Internet Sales Not Allowed
Massachusetts defines ammunition as including "tear gas cartridges, chemical mace, or any other device or instrument which contains or emits a liquid, gas, powder or other substance designed to incapacitate." To sell or possess "ammunition," a license is required. Therefore, the unlicensed sale, or the unlicensed use of self-defense sprays is illegal in Massachusetts.
Massachusetts residents may only purchase self-defense sprays from licensed Firearms Dealers in that state.
Massachusetts General Laws, Chapter 140, Section 121, et seq. The licensing authority is the local chief of police or other persons authorized by the locality.
MICHIGAN
UNVERIFIED
Michigan pepper spray law is governed by MCL 750.224d ("self-defense spray or foam device"). The statute was last substantively amended by 2010 PA 365, which Michigan House Legislative Analysis 2009-HLA-6053 describes as allowing 10% pepper sprays and foams, effective December 2010.
Age minimum: sale to a person under 18 is prohibited as a misdemeanor.
Size/concentration limit: the current statutory concentration/size threshold could not be independently confirmed against the amended statutory text; secondary sources disagree (2% OC per an older codification, 10% per the 2010 amendment analysis, 18% per at least one other secondary source).
Carry restrictions: not independently confirmed against a primary source.
Primary source: Michigan Legislature, MCL 750.224d, https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-750-224d
This is general information, not legal advice. Laws change. Confirm current requirements with Michigan authorities or your own counsel before purchasing or carrying.
MINNESOTA
Legal with Restrictions
Minnesota permits civilian purchase, possession, and use of pepper spray (an "authorized tear gas compound" under Minn. Stat. Section 624.731) subject to age, prohibited-person, and use restrictions.
Age minimum: No person under age 16 may possess or use an authorized tear gas compound without written permission of a parent or guardian (Minn. Stat. Section 624.731, subd. 3(a)).
Size/concentration limit: The statute does not set a percentage-OC or size/volume limit. It requires the product be propelled from an aerosol container, labeled with (or accompanied by) clearly written instructions for use, and dated to show its anticipated useful life (Minn. Stat. Section 624.731, subd. 1).
Carry/possession restrictions: Persons prohibited from possessing a pistol under Minn. Stat. Section 624.713, subd. 1, clause (2) (certain mentally ill/dangerous persons) may not possess or use an authorized tear gas compound (Minn. Stat. Section 624.731, subd. 3(b)). Use is authorized only "in the exercise of reasonable force in defense of the person or the person's property." Use against a peace officer performing lawful duties is a gross misdemeanor. Sale is prohibited at locations licensed to sell alcohol for on-premise consumption; cities/counties may license retail vendors, but Section 624.731 preempts other local regulation statewide.
Statute: Minn. Stat. Section 624.731. Primary source: https://www.revisor.mn.gov/statutes/cite/624.731
This is general information, not legal advice. Laws change. Confirm current requirements with Minnesota authorities or your own counsel before purchasing or carrying.
MISSISSIPPI
Legal
No Mississippi statute specifically regulates the purchase, possession, or carry of pepper spray (OC / oleoresin capsicum spray) by civilians for self-defense.
Mississippi's weapons law, Miss. Code Ann. Section 97-37-1 (concealed deadly weapons), lists prohibited concealed weapons as: "any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches ... or any shotgun with a barrel of less than eighteen (18) inches." Tear gas, pepper spray, OC, mace, or other chemical self-defense sprays do not appear in this list.
Age minimum: No statutory minimum age specific to pepper spray purchase or possession was found in Chapter 37 (Weapons and Explosives).
Size/concentration limit: No statutory size, volume, or OC-concentration limit specific to pepper spray was found.
Carry restrictions: Because pepper spray is not classified as a "deadly weapon" or listed concealed weapon under Section 97-37-1, the general concealed-weapon carry restrictions of that chapter do not apply to it. No pepper-spray-specific carry restriction (schools, courthouses, government buildings) was located in Chapter 37.
Primary sources reviewed: Miss. Code Ann. Section 97-37-1, https://law.justia.com/codes/mississippi/title-97/chapter-37/general-provisions/section-97-37-1/ ; and Section 97-37-13.
This is general information, not legal advice. Laws change. Confirm current requirements with Mississippi authorities or your own counsel before purchasing or carrying.
MISSOURI
Legal
Missouri law does not prohibit civilians from purchasing, possessing, or carrying pepper spray (OC spray) for self-defense. Mo. Rev. Stat. Section 571.010(10) defines "gas gun" (a category regulated under the state's weapons offenses chapter) as a device designed to eject poison gas causing death or serious injury, but the definition expressly excludes "any device that ejects a repellant or temporary incapacitating substance" — excluding pepper spray/OC devices from that weapons definition. As a result, Mo. Rev. Stat. Section 571.030 (Unlawful Use of Weapons), which criminalizes carrying gas guns and other weapons in certain places, does not apply to OC spray. Verified against the official Missouri Revisor of Statutes text at https://revisor.mo.gov/main/OneSection.aspx?section=571.010 and https://revisor.mo.gov/main/OneSection.aspx?section=571.030.
Age minimum: No Missouri statute specifically sets an age minimum for purchase or possession of pepper spray/OC spray by civilians.
Size/concentration limit: No Missouri statute specifically limits the size, volume, or OC concentration of civilian pepper spray products.
Carry restrictions: No Missouri statute specifically restricts carrying pepper spray in schools, courthouses, or government buildings, or bars possession by convicted felons, because Section 571.030's restrictions apply to firearms and "weapons readily capable of lethal use," a category that excludes devices ejecting only a temporary incapacitating substance per Section 571.010(10). A facility's own weapons policy, or federal-property rules, could still restrict carry in a specific location.
This is general information, not legal advice. Laws change. Confirm current requirements with Missouri authorities or your own counsel before purchasing or carrying.
MONTANA
Legal
No Montana statute specifically regulates the purchase, possession, or carry of pepper spray (OC spray) by civilians for self-defense. Montana Code Annotated Title 45, Chapter 8, Part 3 (Weapons) contains no section addressing tear gas, chemical agents, or pepper spray, and the general "weapon" definition used in the state's school-weapons statute (Mont. Code Ann. Section 45-8-361) is limited to firearms, knives with a blade of 4 inches or more, swords, straight razors, throwing stars, nunchucks, and metal knuckles — pepper spray is not listed. See https://mca.legmt.gov/bills/mca/title_0450/chapter_0080/part_0030/sections_index.html
Age minimum: No Montana statute sets a minimum age to purchase or possess pepper spray.
Size/concentration limit: No Montana statute sets a size or OC-concentration limit for civilian self-defense spray.
Carry restrictions: No Montana statute specifically restricts carrying pepper spray in schools, courthouses, or government buildings, or bars possession by any class of prohibited person. General criminal statutes (e.g., assault, Title 45, Chapter 5) would still apply to any misuse of the product against another person, as with any object.
This is general information, not legal advice. Laws change. Confirm current requirements with Montana authorities or your own counsel before purchasing or carrying.
NEBRASKA
Legal
No Nebraska statute specifically regulates the purchase, possession, or use of pepper spray (OC spray) by civilians for self-defense. There is no state-specific age minimum, size/concentration limit, or carry restriction found for civilian OC spray.
Nebraska's general weapons statutes were checked for applicability: Neb. Rev. Stat. Section 28-1206 (possession of a deadly weapon by a prohibited person, e.g., a convicted felon) lists firearms, knives, and brass/iron knuckles, and does not name pepper spray or chemical sprays. Neb. Rev. Stat. Section 28-1202 (carrying a concealed weapon) similarly lists examples (handgun, knife, brass/iron knuckles) plus a catch-all "any other deadly weapon"; Nebraska case law treats items not specifically listed as a fact question for whether they qualify as a deadly weapon, so whether concealed carry of pepper spray could ever be swept into this catch-all has not been settled by the statutory text alone.
Primary sources checked: https://nebraskalegislature.gov/laws/statutes.php?statute=28-1206 and https://nebraskalegislature.gov/laws/statutes.php?statute=28-1202
This is general information, not legal advice. Laws change. Confirm current requirements with Nebraska authorities or your own counsel before purchasing or carrying.
NEVADA
Legal with Restrictions
Nevada regulates chemical self-defense spray under its "tear gas bombs and weapons" statutes, Nev. Rev. Stat. Sections 202.370-202.440. A cartridge or weapon is exempt from the general tear gas prohibition only if it contains "not more than 2 fluid ounces in volume of 'CS' tear gas that may be propelled by air or another gas, but not an explosive, in the form of an aerosol spray," in a weapon "designed and intended for use as an instrument of self-defense" (Nev. Rev. Stat. Section 202.375(1)).
Age minimum: Sale or purchase under this exemption is limited to adults. Possession or use, however, is expressly permitted for "any person, including a minor" under Section 202.375(1) — Nevada does not bar minors from possessing or using a qualifying unit, only from buying one.
Size/concentration limit: The exempted cartridge or weapon must not exceed 2 fluid ounces of "CS" tear gas (defined at Section 202.375(4)), dispensed as an aerosol spray by a non-explosive propellant.
Carry restrictions: A "convicted person" (as defined in Nev. Rev. Stat. Section 179C.010) may not own, possess, or control a tear gas cartridge, shell, bomb, or weapon under any circumstance; doing so is a category B felony under Section 202.380(2). Non-convicted persons who sell, possess, or transport a unit outside the Section 202.375 exemption commit a gross misdemeanor under Section 202.380(1). Sellers must record and retain purchaser name/address and the item's brand, model, and serial number (if any) for at least 2 years (Section 202.375(2)).
Primary source: Nevada Legislature, NRS Chapter 202, https://www.leg.state.nv.us/NRS/NRS-202.html (Sections 202.370-202.440).
This is general information, not legal advice. Laws change. Confirm current requirements with Nevada authorities or your own counsel before purchasing or carrying.
NEW HAMPSHIRE
Legal
New Hampshire law does not impose an age minimum, size, or concentration limit on civilian purchase or possession of aerosol self-defense spray (pepper spray/OC). RSA 159:20 defines an "aerosol self-defense spray weapon" as "any aerosol self-defense spray weapon which is designed to immobilize or incapacitate a person temporarily," regulated separately from "electronic defense weapons" (stun guns/tasers) under the same chapter.
Age minimum: No statutory age minimum applies to aerosol self-defense spray specifically. (RSA 159:22's sale-to-minors restriction and RSA 159:21's felon-possession prohibition are written to apply to "electronic defense weapons" only, not to aerosol spray.)
Size/concentration limit: None specified in New Hampshire statute.
Carry restrictions: None specific to aerosol spray found in RSA Chapter 159. Separately, RSA 159:23 makes it a misdemeanor (or Class B felony, depending on the underlying offense) to use an aerosol self-defense spray weapon or electronic defense weapon on a law enforcement officer or another person with intent to commit a crime — this addresses criminal misuse, not lawful possession or carry.
Primary source: RSA Chapter 159, Sections 159:20-159:23, New Hampshire General Court, https://gc.nh.gov/rsa/html/XII/159/159-20.htm
This is general information, not legal advice. Laws change. Confirm current requirements with New Hampshire authorities or your own counsel before purchasing or carrying.
NEW JERSEY
Legal with Restrictions
New Jersey law exempts pepper spray/OC self-defense devices from its general weapons possession offense under N.J.S. 2C:39-6(i)(1), which provides that nothing in N.J.S. 2C:39-5 (the unlawful possession of weapons statute) prevents "any person who is 18 years of age or older and who has not been convicted of a crime" from possessing, for personal self-defense, "one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, but rather, is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air." Official text via New Jersey Legislature statutes database, https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1 (Title 2C, Chapter 39, Section 6).
Age minimum: 18 years or older.
Size/concentration limit: one pocket-sized device containing no more than three-quarters of an ounce (0.75 oz) of chemical substance; the statute does not set a percentage/concentration cap, only a volume limit and a "not ordinarily capable of lethal use" standard.
Carry restrictions: the exemption is unavailable to any person previously convicted of a crime. Only one such device may be possessed at a time under the exemption. No separate NJ statute specifically addressing pepper spray carry in schools, courthouses, or government buildings was located; general premises restrictions (e.g., school property weapons rules, court security screening) may still apply.
This is general information, not legal advice. Laws change. Confirm current requirements with New Jersey authorities or your own counsel before purchasing or carrying.
NEW MEXICO
Legal
No New Mexico statute specifically regulates the civilian purchase, possession, or use of pepper spray / OC spray for self-defense. New Mexico's general "deadly weapon" definition, N.M. Stat. Ann. Section 30-1-12(B), enumerates firearms, bladed weapons, slingshots, bludgeons, and swordcanes, plus a catchall for "any other weapons with which dangerous wounds can be inflicted" — it does not name pepper spray, tear gas, mace, or chemical sprays, and the unlawful-carrying statute (N.M. Stat. Ann. Section 30-7-2) and the school-premises carrying statute (Section 30-7-2.1) likewise do not reference chemical self-defense sprays.
Age minimum: No statutory age minimum specific to pepper spray purchase or possession was found.
Size/concentration limit: No statutory size, volume, or OC-concentration limit specific to pepper spray was found.
Carry restrictions: No statute-specific carry restriction (schools, courthouses, government buildings) naming pepper spray was found; general prohibited-persons statutes for "deadly weapons" may still be argued to apply to any item meeting the catchall "dangerous wounds" language, but this has not been tested against OC spray specifically and should not be treated as settled.
Primary source: https://law.justia.com/codes/new-mexico/chapter-30/article-1/section-30-1-12/ (N.M. Stat. Ann. Section 30-1-12); see also Section 30-7-2 and Section 30-7-2.1.
This is general information, not legal advice. Laws change. Confirm current requirements with New Mexico authorities or your own counsel before purchasing or carrying.
NEW YORK
Pepper spray is legal in NY with restrictions.
Is Pepper Spray Legal in New York?
Pepper spray is legal in NY with restrictions.
Internet Sales not allowed
The possession of "self-defense sprays" by persons who are not felons or who have been convicted of an assault, are 18 years or over, for the protection of person or property and its otherwise lawful use is legal. "Self-defense spray" is defined as "a pocket sized spray device which contains and releases a chemical or organic substance which is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air or any like device containing tear gas, pepper spray or similar disabling agent."
There are certain labeling requirements.
Sales require both a seller's license and the completion by a purchaser of a registration form.
New York residents may only purchase defense sprays from licensed Firearms Dealers or licensed Pharmacists in that state. No more than two sprays may be sold at any one time to a single purchaser. Section 265.25 (14) and (15).
NORTH CAROLINA
Legal with Restrictions
Pepper spray (OC / tear gas devices) is legal in North Carolina for self-defense, subject to restrictions under N.C. Gen. Stat. Section 14-401.6.
Age minimum: The statute does not set a minimum age for self-defense possession or use, but possession is limited to persons who have not been convicted of a felony.
Size/concentration limit: The device or container may not exceed 150 cubic centimeters (150cc) capacity; a cartridge or shell used in the device may not exceed 50 cubic centimeters (50cc), and the device may not be designed to discharge a cartridge larger than 50cc.
Carry restrictions: The self-defense exemption applies only to persons not convicted of a felony; possession outside the statute's permitted purposes (home use and self-defense elsewhere, or listed exceptions such as law enforcement, military, registered security guards, and certain government/education/industrial uses) is a Class 2 misdemeanor.
Primary source: N.C. Gen. Stat. Section 14-401.6, https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-401.6.html
This is general information, not legal advice. Laws change. Confirm current requirements with North Carolina authorities or your own counsel before purchasing or carrying.
NORTH DAKOTA
Legal
Pepper spray (OC) is legal to purchase, possess, and carry in North Dakota. North Dakota Century Code Section 62.1-01-01 defines "dangerous weapon" for purposes of the state's weapons statutes, but expressly excludes self-defense sprays: "'Dangerous weapon' does not include a spray or aerosol containing CS...; CN...; or other irritating agent intended for use in the defense of an individual." Because OC spray is not a "dangerous weapon" under this definition, the general dangerous-weapon restrictions in NDCC Chapter 62.1 do not apply to it.
Primary source: https://ndlegis.gov/cencode/t62-1c01.pdf (North Dakota Century Code, Chapter 62.1-01).
Age minimum: No North Dakota statute specifically sets a minimum age to purchase or possess pepper spray/OC spray as such.
Size/concentration limit: No North Dakota statute specifically limits the size, volume, or OC concentration of self-defense spray.
Carry restrictions: No North Dakota statute specifically restricts carrying self-defense spray; general property-owner rules and federal restrictions (e.g., airports, federal buildings) may still apply.
This is general information, not legal advice. Laws change. Confirm current requirements with North Dakota authorities or your own counsel before purchasing or carrying.
OHIO
Legal
Pepper spray (OC / oleoresin capsicum spray) is legal for civilians to purchase, possess, and carry in Ohio. No Ohio statute specifically regulates civilian purchase, possession, or use of pepper spray for self-defense.
Ohio's weapons-control statute, Ohio Rev. Code Section 2923.11, defines "deadly weapon," "dangerous ordnance," and related terms used throughout Ohio's weapons offenses (Chapter 2923). Its "dangerous ordnance" definition lists items such as automatic/sawed-off firearms, explosive and incendiary devices, and military ordnance; it does not list tear gas, chemical irritant sprays, or personal-defense OC devices, so pepper spray does not fall within that definition. See https://codes.ohio.gov/ohio-revised-code/section-2923.11
Age minimum: No Ohio statute-specified minimum age to purchase or possess pepper spray was located.
Size/concentration limit: No Ohio statute-specified size or OC concentration limit was located.
Carry restrictions: No Ohio pepper-spray-specific carry restriction was located. General restrictions that can apply to any item in restricted zones (e.g., K-12 schools under Ohio Rev. Code Section 2923.122, or airport security screening) may still apply based on the setting.
This is general information, not legal advice. Laws change. Confirm current requirements with Ohio authorities or your own counsel before purchasing or carrying.
OKLAHOMA
Legal
Pepper spray (OC spray) is legal for civilians to purchase, possess, and carry in Oklahoma for self-defense. No Oklahoma statute specifically regulates the purchase, possession, or carrying of pepper spray/OC spray by civilians — there is no statewide age minimum, size, or concentration limit, and no general carry restriction specific to pepper spray in Title 21 of the Oklahoma Statutes.
The only Oklahoma statute addressing chemical self-defense sprays is Okla. Stat. tit. 21, Section 1272.3, "Unlawful discharge of stun gun or deleterious agent," which makes it a felony to knowingly discharge an electrical stun gun, tear gas weapon, mace, tear gas, pepper mace, or similar deleterious agent against a peace officer, corrections officer, probation/parole officer, firefighter, EMT, or paramedic acting in the course of official duty. This section governs use against protected officials only — it does not restrict general civilian purchase, possession, age, size/concentration, or ordinary carry.
Source: Oklahoma Statutes Title 21, Section 1272.3, https://law.justia.com/codes/oklahoma/title-21/section-21-1272-3/
Carry restrictions: no pepper-spray-specific carry statute was found; general premises rules (e.g., private property, courthouses, airports/TSA) may still apply.
This is general information, not legal advice. Laws change. Confirm current requirements with Oklahoma authorities or your own counsel before purchasing or carrying.
OREGON
Legal with Restrictions
Oregon has no statute setting a minimum age or size/concentration limit specifically for civilian purchase or possession of pepper spray (OC spray). ORS Chapter 166 does not impose an age floor or volume cap on OC/pepper spray for personal self-defense use by the general public.
Age minimum: No Oregon statute specifically sets a minimum purchase or possession age for pepper spray/OC spray.
Size/concentration limit: No Oregon statute specifically sets a size or OC-concentration cap for civilian pepper spray.
Carry restrictions: ORS 166.360 (definitions for ORS 166.360 to 166.380) defines "weapon" to include "mace, tear gas, pepper mace or any similar deleterious agent." ORS 166.370 makes it a Class C felony to intentionally possess a firearm "or any other instrument used as a dangerous weapon" in or on a public building or court facility (with exceptions for law enforcement, military, and persons authorized by the controlling agency). Because pepper spray is treated as a "weapon" for purposes of ORS 166.360-166.380 and public buildings/court facilities carry their own possession restrictions, carrying OC spray into a courthouse, school, or other public building covered by ORS 166.370 (or local building policy) can create legal exposure and should be avoided absent express authorization from the controlling agency.
Primary source: Oregon Revised Statutes, ORS 166.360 and ORS 166.370, https://oregon.public.law/statutes/ors_166.360
This is general information, not legal advice. Laws change. Confirm current requirements with Oregon authorities or your own counsel before purchasing or carrying.
PENNSYLVANIA
Legal
Pennsylvania has no statute that specifically regulates the civilian purchase, possession, carry, or use of pepper spray (OC / oleoresin capsicum spray) for self-defense.
Pennsylvania's general weapons statute, 18 Pa.C.S. Section 908 ("Prohibited offensive weapons"), defines "offensive weapon" by an enumerated list (bombs, grenades, machine guns, sawed-off shotguns, blackjacks, metal knuckles, stun guns/stun batons/tasers, etc.) plus a catch-all for "other implement for the infliction of serious bodily injury which serves no common lawful purpose." Pepper spray is not named in that list, and because it is manufactured and sold for lawful self-defense, it does not fall under the "no common lawful purpose" catch-all.
Age minimum: No Pennsylvania statute sets an age minimum specific to purchasing or possessing pepper spray.
Size/concentration limit: No Pennsylvania statute sets a size or OC-concentration limit specific to pepper spray.
Carry restrictions: No Pennsylvania statute specific to pepper spray restricts where it may be carried (e.g., schools, courthouses, government buildings). General weapons-free-zone or prohibited-persons statutes (e.g., for firearms or "offensive weapons" as defined in Section 908) may still apply in specific locations.
Statute: 18 Pa.C.S. Section 908, Prohibited offensive weapons. Official source: https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.009.008.000..HTM
This is general information, not legal advice. Laws change. Confirm current requirements with Pennsylvania authorities or your own counsel before purchasing or carrying.
RHODE ISLAND
Legal with Restrictions
Pepper spray (OC / oleoresin capsicum spray) is legal in Rhode Island for adults, subject to an age restriction and a use restriction under R.I. Gen. Laws Section 11-47-57.
Age minimum: 18 years or older to carry and use.
Size/concentration limit: None specified in the statute — no product size, concentration, or container restriction is stated.
Carry/use restriction: May be carried and used only "for his or her protection or the protection of others." Use of any non-lethal noxious substance or liquid for any other purpose is punishable by a fine of not more than $25.00.
Statute: R.I. Gen. Laws Section 11-47-57. Primary source: http://webserver.rilegislature.gov/Statutes/TITLE11/11-47/11-47-57.HTM
This is general information, not legal advice. Laws change. Confirm current requirements with Rhode Island authorities or your own counsel before purchasing or carrying.
SOUTH CAROLINA
Legal with Restrictions
South Carolina law (S.C. Code Ann. Section 16-23-470) generally prohibits possessing, using, transporting, selling, or buying a "tear-gas machine or gun, or its parts, or any ammunition," except for law enforcement — but the statute contains an explicit civilian self-defense exception: "It is lawful for a person for self-defense purposes only to possess, use, transport, sell, or buy a tear-gas machine or gun, or its parts, or ammunition," subject to a size limit.
Age minimum: No age minimum is stated within Section 16-23-470 itself for the self-defense exception.
Size/concentration limit: The tear-gas cartridge, shell, or container used under the self-defense exception "shall not exceed fifty cubic centimeters" (50cc), and the device itself cannot be capable of shooting a cartridge, shell, or container larger than 50cc.
Carry restrictions: The statute does not enumerate specific carry-location restrictions (e.g., schools, courthouses) for OC/tear-gas spray. Violation of the general prohibition (i.e., possession outside the self-defense exception, or above the size limit) is a misdemeanor punishable by up to 3 years imprisonment and/or a fine of up to $5,000.
Statute: S.C. Code Ann. Section 16-23-470, "Illegal possession of tear-gas gun or ammunition." Primary source: https://www.scstatehouse.gov/code/t16c023.php
This is general information, not legal advice. Laws change. Confirm current requirements with South Carolina authorities or your own counsel before purchasing or carrying.
SOUTH DAKOTA
Legal
No South Dakota statute specifically regulates the civilian purchase, possession, or use of pepper spray / OC (oleoresin capsicum) spray for self-defense.
Age minimum: None specified by statute. South Dakota law contains no age restriction on purchase or possession of pepper spray for self-defense purposes.
Size/concentration limit: None specified by statute.
Carry restrictions: None specific to pepper spray. South Dakota's weapons statutes (SDCL Title 22, Chapter 14, "Unlawful Use of Weapons") regulate firearms, silencers, machine guns, and short shotguns under the statutory term "controlled weapon" (SDCL 22-1-2), which does not include tear gas or OC spray devices. General restrictions on weapons in specific locations (e.g., schools, courthouses, the state capitol, SDCL 22-14-22 through 22-14-28) are framed around firearms and dangerous weapons and do not name pepper spray; venue-specific screening/security policies may independently restrict any weapon-like item regardless of statutory silence.
Primary sources checked: SDCL Title 22, Chapter 14 (Unlawful Use of Weapons) and SDCL 22-1-2 (Definitions), South Dakota Legislature, https://sdlegislature.gov/Statutes/22-14
This is general information, not legal advice. Laws change. Confirm current requirements with South Dakota authorities or your own counsel before purchasing or carrying.
TENNESSEE
Legal with Restrictions
Tennessee has no general statute prohibiting adult civilians from purchasing, possessing, or carrying pepper spray (OC spray) for self-defense. The state's "prohibited weapons" statute, Tenn. Code Ann. Section 39-17-1302, lists explosives, machine guns, hoax devices, and knuckles as prohibited weapons; it does not list pepper spray, mace, or chemical self-defense sprays, and there is no statewide age minimum, size limit, or OC-concentration limit specified in the Tennessee Code for civilian pepper spray.
Age minimum: No statewide statutory minimum age found for purchase or possession of pepper spray.
Size/concentration limit: No statewide statutory limit found on canister size or OC concentration.
Carry restrictions: Tenn. Code Ann. Section 39-17-1309 defines "non-lethal weapon" to include pepper spray, a pepper spray gun, pepper gel, and mace, and separately governs weapons on school property. That section expressly bars public colleges/universities from prohibiting adults from carrying a non-lethal weapon (including pepper spray) for self-defense on campus, except that institutions may still restrict it on K-12 grounds located on the same campus, in buildings with armed security, or under certain contractual arrangements. K-12 school property carries its own general prohibition on weapons under Section 39-17-1309 that pepper spray falls within absent the higher-education carve-out.
Primary source: Tennessee Code Annotated Title 39, Chapter 17, Part 13, Sections 39-17-1302 and 39-17-1309, https://law.justia.com/codes/tennessee/title-39/chapter-17/part-13/section-39-17-1309/
This is general information, not legal advice. Laws change. Confirm current requirements with Tennessee authorities or your own counsel before purchasing or carrying.
TEXAS
Legal
Pepper spray (OC / chemical self-defense spray) is legal to purchase, possess, and carry in Texas for personal protection. Texas Penal Code Section 46.01(14) defines a "chemical dispensing device" as the category of device regulated under Chapter 46 (Weapons), but expressly excludes "a small chemical dispenser sold commercially for personal protection" from that regulated definition.
Age minimum: No statutory age minimum specific to pepper spray purchase or possession was found in Texas Penal Code Chapter 46.
Size/concentration limit: No statutory size or OC-concentration limit specific to civilian pepper spray was found in Chapter 46.
Carry restrictions: Because a small chemical dispenser sold commercially for personal protection is excluded from the "chemical dispensing device" definition, the place-restrictions in Chapter 46 that apply to other weapons do not apply to standard commercial pepper spray by its terms.
Primary source: Texas Penal Code Section 46.01(14), https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm
This is general information, not legal advice. Laws change. Confirm current requirements with Texas authorities or your own counsel before purchasing or carrying.
UTAH
Legal.
No Utah statute specifically regulates the civilian purchase, possession, or carry of pepper spray (OC spray). Utah Code Title 76, Chapter 10, Part 5 (Weapons) governs "dangerous weapons," defined at Utah Code Section 76-10-501(6) as "(i) a firearm; or (ii) an object that in the manner of its use or intended use is capable of causing death or serious bodily injury" — this definitional section makes no mention of pepper spray, mace, tear gas, or aerosol self-defense sprays.
Age minimum: No Utah statute sets an age minimum specific to pepper spray. Utah Code Section 76-10-509 bars a minor under 18 from possessing a "dangerous weapon" without parental permission/accompaniment, but pepper spray is not established by statute as falling within that "dangerous weapon" definition, so this provision's application to OC spray is unconfirmed rather than affirmatively applicable.
Size/concentration limit: No Utah statute imposes a size, volume, or OC-concentration limit on civilian pepper spray.
Carry restrictions: No Utah statute specific to pepper spray addresses schools, courthouses, or government buildings; any such restriction would come from general facility policy, not a spray-specific statute.
Primary source reviewed: Utah Code Title 76, Chapter 10, Part 5, Section 501 (definitions) and Section 509 (possession by minor), Utah State Legislature, https://le.utah.gov/xcode/Title76/Chapter10/76-10-S501.html
This is general information, not legal advice. Laws change. Confirm current requirements with Utah authorities or your own counsel before purchasing or carrying.
WASHINGTON
Legal with Restrictions
Washington law expressly authorizes the sale, possession, and use of "personal protection spray devices" for self-defense. RCW 9.91.160 defines a personal protection spray device as a commercially available self-defense spray device, such as mace, pepper mace, or pepper gas, containing a nonlethal sternutator or lacrimator agent, and states that no city, town, or county may prohibit an adult from purchasing, possessing, transporting, or using one for self-defense.
Age minimum: It is unlawful for a person under 18 to purchase or possess a personal protection spray device, unless the person is at least 14 years old and has the permission of a parent or guardian.
Size/concentration limit: RCW 9.91.160 does not specify a maximum size, quantity, or OC/tear-gas concentration limit.
Carry restrictions: RCW 9.91.160 does not itself impose location-based carry restrictions; the statute notes only that it does not authorize a device otherwise prohibited by other state law.
Source: RCW 9.91.160, Washington State Legislature, https://app.leg.wa.gov/RCW/default.aspx?cite=9.91.160
This is general information, not legal advice. Laws change. Confirm current requirements with Washington authorities or your own counsel before purchasing or carrying.
VERMONT
UNVERIFIED
No Vermont statute was found that specifically and unambiguously regulates civilian purchase, possession, or use of handheld OC (oleoresin capsicum) pepper spray for self-defense. One potentially relevant provision, 20 V.S.A. Section 3091, requires a written permit from the Commissioner of Public Safety to manufacture, possess, use, or transport "bombs, commonly called tear bombs" (https://legislature.vermont.gov/statutes/section/20/177/03091); the statute does not define "tear bombs" or state whether it applies to small personal self-defense OC canisters.
Separately checked and confirmed not applicable: 13 V.S.A. Chapter 85 (Weapons) covers firearms and other weapons only, with no provision addressing chemical sprays.
Age minimum: not established by a confirmed primary source.
Size/concentration limit: not established by a confirmed primary source.
Carry restrictions: not established by a confirmed primary source.
This is general information, not legal advice. Laws change. Confirm current requirements with Vermont authorities or your own counsel before purchasing or carrying.
VIRGINIA
Legal
Pepper spray (OC / tear gas) is legal for civilians to purchase, possess, and use for self-defense in Virginia. Virginia's controlling statute is the "Illegal use of tear gas, phosgene and other gases" law, Va. Code Section 18.2-312, which criminalizes malicious or unlawful release of tear gas and similar substances but expressly exempts self-defense use: "Nothing herein contained shall prevent the use of tear gas or other gases by police officers or other peace officers in the proper performance of their duties, or by any person or persons in the protection of person, life or property." Primary source: https://law.lis.virginia.gov/vacode/18.2-312/ (Code of Virginia, Title 18.2, Chapter 7, Article 8).
Age minimum: No Virginia statute sets a specific minimum age to purchase or possess pepper spray for self-defense; Section 18.2-312 contains no age provision.
Size/concentration limit: No Virginia statute imposes a specific size, volume, or OC-concentration limit on civilian self-defense sprays.
Carry restrictions: No Virginia statute-specific carry restriction on pepper spray was identified in this article of the code; general prohibitions on malicious or unlawful release still apply under Section 18.2-312, and separate Virginia laws on carrying weapons onto school property or into courthouses/government buildings apply case-by-case, independent of this statute.
This is general information, not legal advice. Laws change. Confirm current requirements with Virginia authorities or your own counsel before purchasing or carrying.
WEST VIRGINIA
Legal.
West Virginia law does not classify pepper spray as a "deadly weapon" when used for self-defense, so it falls outside the licensing, minors-possession, and school/courthouse weapon-possession restrictions that apply to deadly weapons under W. Va. Code Section 61-7 (Dangerous Weapons). W. Va. Code Section 61-7-2(b) defines "pepper spray" as "a temporarily disabling aerosol that is composed partly of capsicum oleoresin and causes irritation, blinding of the eyes, and inflammation of the nose, throat, and skin that is intended for self-defense use," and the same section excludes pepper spray from the "deadly weapon" definition "when used by any person solely for self-defense purposes."
Age minimum: No West Virginia statute setting a minimum purchase or possession age specifically for pepper spray was located.
Size/concentration limit: No West Virginia statute imposing a maximum canister size or OC concentration cap for civilian self-defense pepper spray was located.
Carry restrictions: Because pepper spray used solely for self-defense is excluded from the "deadly weapon" definition, the deadly-weapon bans in schools and courthouses under W. Va. Code Section 61-7-11a do not appear on their face to reach self-defense pepper spray; individual school, courthouse, or federal-facility security policies may still restrict it.
Statute: W. Va. Code Section 61-7-2(b) (Article 7, Dangerous Weapons — definitions). Primary source: https://code.wvlegislature.gov/61-7-2/
This is general information, not legal advice. Laws change. Confirm current requirements with West Virginia authorities or your own counsel before purchasing or carrying.
WISCONSIN
Legal with Restrictions
Wisconsin exempts OC (oleoresin capsicum) spray and CS gel devices from the state's general weapons-restriction statute, so civilian purchase, possession, and carry is legal subject to the points below. Wis. Stat. Section 941.26(4)(a): "Subsections (1g) to (3) do not apply to any device or container that contains a combination of oleoresin of capsicum or CS gel and inert ingredients but does not contain any other gas or substance that will cause bodily discomfort." Primary source: https://docs.legis.wisconsin.gov/document/statutes/941.26
Age minimum: Sale to a person under 18 is a Class C forfeiture (Section 941.26(4)(g)); possession by a person under 18 is a Class E forfeiture (Section 941.26(4)(k)), except where a parent, guardian, or legal custodian provided the device to the minor.
Size/concentration limit: No current statutory or regulatory limit on OC concentration, weight, or spray range applies. Wisconsin previously regulated these by administrative rule (Wis. Admin. Code ch. Jus 14), but that chapter was repealed and is expressly unenforceable as a result of 2013 Wisconsin Act 77 and Section 941.26(4)(m). Sellers must still provide proper labeling and written safety instructions with each sale; selling without them is a Class A misdemeanor (Section 941.26(4)(j)).
Carry restrictions: A person previously convicted of a felony may not possess an OC/CS device (Class A misdemeanor), unless pardoned (Section 941.26(4)(L)). Intentional use of the device to cause bodily harm is a Class A misdemeanor, subject to the self-defense privilege under Wis. Stat. Section 939.48. Using the device against a peace officer known to be acting in an official capacity, or using or threatening it during commission of another crime to incapacitate someone, is a Class H felony (Section 941.26(4)(d), (e)).
This is general information, not legal advice. Laws change. Confirm current requirements with Wisconsin authorities or your own counsel before purchasing or carrying.
WYOMING
Legal.
No Wyoming statute specifically regulates the civilian purchase, possession, carry, or concentration/size of pepper spray (OC spray) for self-defense. Wyoming's general weapons chapter (Wyo. Stat. Ann. Title 6, Chapter 8) does not list chemical self-defense sprays, and the general "deadly weapon" definition at Wyo. Stat. Ann. Section 6-1-104(a)(iv) — "a firearm, explosive or incendiary material, motorized vehicle, an animal or other device, instrument, material or substance, which in the manner it is used or is intended to be used is reasonably capable of producing death or serious bodily injury" — has not been applied to pepper spray in any located statute or case addressing OC spray specifically.
Age minimum: no statutory minimum age for purchase or possession of pepper spray was found under Wyoming law.
Size/concentration limit: no statutory limit on OC concentration or container size was found under Wyoming law.
Carry restrictions: no Wyoming statute specific to pepper spray carry (e.g., schools, courthouses) was located; general weapons-carry restrictions in other statutes may still apply to items deemed weapons by a facility's own policy.
Sources checked: Wyoming Statutes Title 6, Chapter 8 (Weapons); Wyo. Stat. Ann. Section 6-1-104 (definitions), https://law.justia.com/codes/wyoming/title-6/chapter-1/article-1/section-6-1-104/. No dedicated pepper spray/tear gas civilian statute was found in Wyoming law.
This is general information, not legal advice. Laws change. Confirm current requirements with Wyoming authorities or your own counsel before purchasing or carrying.