Pepper Spray Laws
Is Pepper Spray Legal In California?
Pepper spray in CA is Legal with Restrictions.
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 Statute: Section 22810 is the successor to former Penal Code Section 12403.7, which was repealed and recodified by the Deadly Weapons Recodification Act of 2010 (Stats. 2010, Ch. 711 (SB 1080)), operative January 1, 2012.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.