Pepper Spray State Laws
Pepper Spray Laws by state.
We get questions everyday as to which states are legal and which states have restrictive laws regarding sale, possession, and use of pepper based deterrent sprays.
The following summary of our research reflects what the various laws are on the sale and use of non-lethal spray weapons. In no way should this be regarded as the final word on the legal status of said laws. This report is not intended to take place of legal counsel nor should it be looked at as being any form of legal advice. Please check with your local authorities to obtain the latest information.
Remember that Federal law prohibits the carrying of any type of chemical weapon on commercial aircraft, in federal buildings, prisons, and courts.
Is pepper spray legal in Alabama?
Yes, pepper spray is legal in Alabama. However, there are some restrictions on the possession and use of pepper spray in the state. According to Alabama Code § 13A-7-20, it is illegal to use pepper spray for any purpose other than self-defense. This means that you cannot use pepper spray to harm, intimidate, or harass someone else, and you cannot use it to commit a crime.
Additionally, the law in Alabama limits the size and strength of the pepper spray that can be possessed or carried. Pepper spray that contains more than two percent by weight of capsaicin and related capsaicinoids, or that is contained in a container that holds more than 15 grams, is considered to be a controlled substance and is subject to stricter regulations.
It is also important to note that some localities in Alabama may have additional regulations or restrictions on the possession and use of pepper spray. It is always best to check with local authorities to make sure you are in compliance with the law.
Is pepper spray legal in Alaska-
Yes, pepper spray is legal in Alaska. However, there are some restrictions on the possession and use of pepper spray in the state. According to Alaska Statutes § 11.61.220, it is illegal to use pepper spray for any purpose other than self-defense. This means that you cannot use pepper spray to harm, intimidate, or harass someone else, and you cannot use it to commit a crime.
Additionally, the law in Alaska limits the size and strength of the pepper spray that can be possessed or carried. Pepper spray that contains more than 10 percent by weight of capsaicin and related capsaicinoids, or that is contained in a container that holds more than 35 grams, is considered to be a controlled substance and is subject to stricter regulations.
It is also important to note that some localities in Alaska may have additional regulations or restrictions on the possession and use of pepper spray. It is always best to check with local authorities to make sure you are in compliance with the law.
Arizona- Has no laws that prohibit individuals from carrying or using pepper spray. It is legal to buy, carry, use, or ship to Arizona.
Arkansas- It is legal to buy, carry, use, or ship pepper spray to Arkansas, yet the container cannot exceed 5 fluid ounces.
California- It is legal to sell, purchase, and legally use tear gas or pepper spray containing up to 2.5 oz of product. Certificates of training are no longer required. Products are not permitted for sale to felons or minors. Product packaging must meet standard Dept of Justice requirements.
Colorado- Has no specific statute prohibiting or limiting pepper spray, or similar products. Therefore, it is legal to buy, carry, use, or ship to Colorado
Connecticut- It is legal to buy, carry, use, or ship pepper spray to Connecticut. There is no specific statute concerning pepper spray.
D.C. - Registration form must be completed at purchase and vendor must collect and forward form to the Metropolitan Police Department. POM CANNOT SHIP TO DC.
Delaware- It is legal to buy, carry, use, or ship pepper spray to Delaware, however, you must be at least 18 years old to possess pepper spray.
Florida- It is legal to buy, carry, use, or ship pepper spray to Florida, but the pepper spray containers cannot be more than 2 ounces.
Georgia- has no specific statute prohibiting or limiting pepper spray, or similar products. Therefore, it is legal to buy, carry, use, or ship to Georgia.
Hawaii- it is legal to use and possess pepper spray to Hawaii, though you must be at least 18 years old to purchase or possess pepper spray. The maximum size of a container that can be mailed is .5 ounces. POM CANNOT SHIP TO HAWAII.
Idaho- it is legal to buy, use, possess, or ship pepper spray to Idaho.
Illinois- it is legal to buy, use, possess, or ship pepper spray to Illinois, though you must be at least18 years old to purchase or possess pepper spray
Indiana - has no laws that prohibit individuals from carrying or using pepper spray. It is legal to buy, carry, use, or ship to Indiana.
Iowa- has no laws that prohibit individuals from carrying or using pepper spray. It is legal to buy, carry, use, or ship to Iowa.
Kansas- has no laws that prohibit individuals from carrying or using pepper spray. It is legal to buy, carry, use, or ship to Kansas.
Kentucky- has no laws that prohibit individuals from carrying or using pepper spray. It is legal to buy, carry, use, or ship to Kentucky.
Louisiana- has no laws that prohibit individuals from carrying or using pepper spray. It is legal to buy, carry, use, or ship to Louisiana.
Maine- it is legal to buy, use, possess, or ship pepper spray to Maine, though the criminal use of disabling chemicals is a violation of the law. As with most states, the use of pepper spray must be in self-defense.
Maryland- it is legal to buy, use, possess, or ship pepper spray to Maryland.
Massachusetts- It is legal to buy, use, or possess pepper spray in Massachusetts, but there are several restrictions. It is not legal to ship human formula pepper spray to an address in Massachusetts, though animal spray can be legally shipped to the state.
It is illegal to purchase or possess pepper spray if you have been convicted of a felony, a misdemeanor punishable by two years imprisonment, a violent crime, or if you have been committed to a hospital or a mental illness institution.
Michigan- It is legal to buy, use, possess, or ship pepper spray to Michigan, but there are several restrictions. In Michigan:
- Pepper spray cannot be more than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients;
- Pepper spray cannot be more than 18% oleoresin capsicum;
- Minors are prohibited from purchasing pepper spray.
Minnesota - It is legal to buy, use, possess, or ship pepper spray to Minnesota, though you must be 16 years old to possess pepper spray.
Mississippi- No laws regarding the sale, purchase or use of sprays for self-protection.
Missouri- No laws in effect forbidding possession or sale of non-lethal spray products.
Montana- No laws regarding the sale, purchase, and legal use of non-lethal spray weapons.
Nebraska- No laws prohibiting or regulating tear gas type products.
Nevada- It is legal to buy, use, possess, or ship pepper spray to Nevada, though there are restrictions. Minors are not allowed to possess pepper spray and the maximum container is 2 ounces.
New Hampshire- No laws regarding the sale, purchase, and legal use of non-lethal spray weapons.
New Jersey- Permissible to sell, possess and legally use 3/4 oz. or less by anyone for personal protection.
New Mexico- No laws regarding the sale, purchase, and legal use of non-lethal spray weapons.
New York-It is legal to use or possess pepper spray in New York, but there are several restrictions to buy pepper spray. In New York:
- No internet sales are premitted
- You must be at least 18 years old to possess pepper spray;
- Those who have been convicted of a felony or assault are prohibited from possessing pepper spray.
- POM CANNOT SHIP CONSUMER DIRECT TO NY STATE
North Carolina- Any individual who has not been convicted of a felony can purchase for use for protection a tear gas product not exceeding 1.69 ounces.
North Dakota- has no laws that prohibit individuals from carrying or using pepper spray. It is legal to buy, carry, use, or ship to North Dakota.
Ohio- No laws regarding the sale or purchase of non-lethal spray weapons.
Oklahoma- No laws regarding the sale, purchase, and legal use of non-lethal spray weapons.
Oregon - No laws regarding the sale, purchase and legal use of non-lethal spray weapons. However, Portland has a city ordinance which prohibits the possession and use of a tear gas dispensing device.
Pennsylvania- No specific laws or regulations concerning the sale, purchase or legal use of non-lethal sprays.
Rhode Island- No laws regarding the sale, purchase, and legal use of non-lethal spray weapons.
South Carolina- Lawful for a person for self-defense purposes only to possess, use, transport, sell or buy, but with a limitation of 1.69 ounces,
South Dakota- No statutes or regulations concerning the sale, purchase, and legal use of chemical sprays.
Tennessee- No laws regarding the sale, purchase, and legal use of aerosols, gases, etc.
Texas- It is legal to buy, use, possess, or ship pepper spray to Texas, though state law says it must be a “small chemical dispenser.”
Utah- No prohibition against the use of chemical aerosol sprays as long as the product does not cause death or serious bodily injury.
Vermont- Statutes do not regulate or prohibit the sale of any aerosol spray used as a defensive weapon.
Virginia - No laws regarding the sale, purchase and legal use of non-lethal spray weapons.
Washington- No laws regarding the sale, purchase and legal use of non-lethal spray weapons.
West Virginia - No laws regarding the sale, purchase and legal use of non-lethal spray weapons.
Wisconsin- It is legal to buy, use, possess, or ship pepper spray to Wisconsin, though there are several restrictions. In Wisconsin:
- Pepper spray containers must be less than 2 ounces;
- Pepper spray cannot be disguised or camouflaged;
- You must be at least 18 years old to purchase or possess pepper spray, though there is an exemption for minors with parental permission.
Wyoming- No laws regarding the sale, purchase and legal use of non-lethal spray weapons.