Pepper Spray Laws

Pepper Spray Laws by State

Last updated: October 30, 2025

Pepper spray laws by state vary across the United States — but one thing is consistent: personal protection is legal when used responsibly. This guide from POM Industries provides a clear, state-by-state overview of where pepper spray is legal, what restrictions apply, and how to carry safely within the law. While pepper spray is permitted in all 50 states, certain locations impose limits on canister size, strength, or sales. Always check your local regulations before purchasing or carrying any defense spray. This information is provided for educational purposes only and does not replace legal advice.

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State-by-State Legal Summaries

Alabama – Pepper Spray Laws (Alabama Code § 13A-6-27)

Legal Status: Pepper spray is legal for self-defense use by individuals aged 18 and older under Alabama law.

Restrictions:

Use is strictly limited to lawful self-defense.
Criminal misuse—including deploying defense spray during the commission of a crime or against law enforcement officers while on duty—is a Class C felony (§ 13A-6-27(a)-(b)).
No state-level limits on size or OC strength.

Arizona – Pepper Spray Laws (ARS § 13-3101.7)

Legal Status: Legal for self-defense for individuals 18+ who have not been convicted of a felony.

Restrictions:

Self-defense use only. Misuse (including use during a crime or against law enforcement) is prohibited.
No state-level limits on size or OC strength; not classified as a prohibited weapon under ARS § 13-3101.7.

Arkansas – Pepper Spray Laws (Arkansas Code § 5-73-124)

Legal Status: Legal for self-defense for individuals 18+.

Restrictions:

Possession/use limited to lawful self-defense; otherwise can be a Class A misdemeanor.
Size limit: container may not exceed 300 mL (~10.1 oz) (§ 5-73-124(a)(2)(B)).

California – Pepper Spray Laws (California Penal Code § 22810)

Legal Status: Legal for self-defense for individuals 18+ who are not convicted felons or narcotics addicts (§ 22810(a)–(b)).

Restrictions:

Self-defense use only; misuse (including against peace officers) is punishable (§ 22810(g)(1)–(2)).
Minors under 18 are prohibited (§ 22810(c)–(d)).
Size/packaging: container ≤ 2.5 oz net weight aerosol; required warnings, expiration, instructions, first-aid (§ 22810(e)–(f)).

Colorado – Pepper Spray Laws

Legal Status: Legal for civilians 18+; no permit required.

Restrictions:

Self-defense use only; misuse may constitute assault (see § 18-1-704 and related statutes).
POWPO and age/felony status may affect possession.
No specific limits on size or OC strength in statute.

Connecticut – Pepper Spray Laws (CT Code § 53a-19)

Legal Status: Legal for self-defense for individuals 18+.

Restrictions:

Use must be justified self-defense; misuse can lead to assault charges (§ 53a-19; § 53a-3).
No statutory limits on size or concentration at the state level.

Washington, D.C. – Pepper Spray Laws (D.C. Code § 7-2502.13)

Legal Status: Legal for 18+ or 14+ with parent/guardian consent.

Restrictions:

Self-defense use only.
Must be aerosol-propelled and labeled with expiration/usage instructions (§ 7-2502.13(a)-(b)); certain types prohibited (§ 7-2502.12–13(b)).

Delaware – Pepper Spray Laws (11 Del. C. § 222(7))

Legal Status: Disabling chemical sprays (including OC) are legal for defensive use.

Restrictions:

Self-defense only; misuse addressed with felony-level penalties (§ 222(7)–(8)).
No state-level size/strength limits specified.

Florida – Pepper Spray Laws (Fla. Stat. § 790.001)

Legal Status: Recognized as “self-defense chemical spray”; adults 18+ may carry openly or concealed without a permit (§ 790.001(2)(b)).

Restrictions:

Self-defense use only; misuse against law enforcement or during crimes is a felony (§ 790.054).
Size: compact personal spray (≤ 2 oz) (§ 790.001(3)(b)).

Georgia – Pepper Spray Laws (O.C.G.A. § 16-11-127.1)

Legal Status: Legal for self-defense for individuals 18+; not considered a firearm.

Restrictions:

Self-defense use only.
Prohibited in school safety zones and at school functions (§ 16-11-127.1).
No size/concentration statute.

Hawaii – Pepper Spray Laws (HRS § 703-304; Honolulu Code § 41-37.3)

Legal Status: Legal statewide for lawful self-defense.

Restrictions:

Honolulu County: ≤ 2 oz; requires safety mechanisms; sales licensing; no sales to minors or in alcohol-serving venues (§ 41-37.3, § 41-37.4).
No general statewide size/concentration limits beyond local rules.

Idaho – Pepper Spray Laws (Idaho Code § 18-3302)

Legal Status: Legal self-defense device for individuals 18+; not a “deadly weapon” when carried lawfully.

Restrictions:

No state limits on container size or concentration; no license required.

Illinois – Pepper Spray Laws (720 ILCS 5/24-1(a)(3)(C))

Legal Status: Legal for self-defense for persons 18+ without disqualifying convictions.

Restrictions:

Expressly permitted as a non-lethal noxious liquid/gas; misuse can trigger other offenses.
Chicago: prohibited use in enclosed spaces with 20+ people (misdemeanor).

Indiana – Pepper Spray Laws (IC Title 35, Ch. 47)

Legal Status: Legal for self-defense; no statewide restriction on possession/use.

Restrictions:

Prohibited only when used unlawfully; not classified as a weapon unless misused.

Iowa – Pepper Spray Laws (Iowa Code § 702.7)

Legal Status: Legal for personal defense; specifically authorized non-lethal sprays.

Restrictions:

No statutory size/concentration caps; justified self-defense required (Ch. 704).
Local ordinances may vary.

Kansas – Pepper Spray Laws (K.S.A. § 21-5422)

Legal Status: Legal for self-defense purposes.

Restrictions:

Not classified as a weapon when used appropriately; no state size/concentration caps.

Kentucky – Pepper Spray Laws (KRS § 527.010)

Legal Status: Legal for self-defense; not listed as a regulated weapon.

Restrictions:

Misuse can constitute assault; no state size/concentration limits.

Louisiana – Pepper Spray Laws (La. R.S. § 14:22)

Legal Status: Legal for lawful self-defense.

Restrictions:

Reasonable force standard; offensive use can be charged; no size/strength caps in code.

Maine – Pepper Spray Laws (17 M.R.S. § 1002)

Legal Status: Legal for self-defense.

Restrictions:

Misuse is a Class D crime; defensive use permitted; no statutory size/strength caps.

Massachusetts – Pepper Spray Laws (M.G.L. c.140 § 122C–D)

Legal Status: Legal for 18+ (classified as “self-defense spray”).

Restrictions:

Must be purchased from a licensed firearms dealer (§ 122C).
Under 18 requires permit; unauthorized sale/possession carries fines/penalties (§ 122D).
No statutory size/concentration caps.

Michigan – Pepper Spray Laws (MCL § 750.226e)

Legal Status: Legal for 18+ for lawful self-defense.

Restrictions:

Misuse prohibited under assault statutes; no explicit container size/OC caps specified.

Minnesota – Pepper Spray Laws (Minn. Stat. § 299C.50)

Legal Status: Legal for 18+ for self-defense.

Restrictions:

Justified self-defense only; schools restrict except emergencies; no size/strength caps in statute.

Mississippi – Pepper Spray Laws (Miss. Code § 97-37-1)

Legal Status: Legal for personal self-defense (no age limit stated in statute).

Restrictions:

Misuse may lead to charges; no state size/concentration limits.

Missouri – Pepper Spray Laws (Mo. Rev. Stat. § 563.031)

Legal Status: Legal for 18+ for self-defense.

Restrictions:

Misuse can breach assault statutes; not considered a firearm; no size/strength caps specified.

Montana – Pepper Spray Laws (Mont. Code § 45-8-322)

Legal Status: Legal for self-defense (no age restriction stated here).

Restrictions:

Justified self-defense only; selling/providing to minors may be restricted by other laws; no state size/strength caps.

Nebraska – Pepper Spray Laws (Neb. Rev. Stat. § 28-1409)

Legal Status: Legal for self-defense.

Restrictions:

Use permitted only in lawful self-defense; no statutory size/strength caps.

Nevada – Pepper Spray Laws (NRS § 193.302; § 202.370)

Legal Status: Legal for 18+ for self-defense.

Restrictions:

Size: aerosol sprays must not exceed 2 fl oz (~59 mL) per § 202.370.
Misuse may result in assault/battery charges.

New Hampshire – Pepper Spray Laws (RSA § 159:20; § 159:23)

Legal Status: Legal with no permit required.

Restrictions:

Self-defense only; misuse can be prosecuted; no state size/strength caps.

New Jersey – Pepper Spray Laws (N.J.S.A. § 2C:39-6i)

Legal Status: Legal for self-defense for 18+ without disqualifying convictions.

Restrictions:

Volume: only one container ≤ 0.75 oz (~21 mL) permitted.

New Mexico – Pepper Spray Laws (N.M. Stat. § 30-1-12; § 30-7-2)

Legal Status: Legal for self-defense; no license required.

Restrictions:

Use must be justified; no state size/strength caps.

New York – Pepper Spray Laws (Penal Law § 270.05; § 265.20)

Legal Status: Legal when used for lawful self-defense and properly labeled/manufactured as OC spray.

Restrictions:

Unlawful possession/sale prohibited (§ 270.05); legitimate self-defense use exempted (§ 265.20).
Additional NYC/venue rules; purchase/sales channel restrictions apply.

North Carolina – Pepper Spray Laws (G.S. § 14-401.6)

Legal Status: Legal for 18+ not convicted of felonies.

Restrictions:

Self-defense only; misuse is a Class 2 misdemeanor.
Size: spray containers ≤ 150 cc (~5 oz); cartridges ≤ 50 cc.

North Dakota – Pepper Spray Laws

Legal Status: Legal for self-defense.

Restrictions:

Self-defense only; no state size/strength caps.

Ohio – Pepper Spray Laws

Legal Status: Legal for personal self-defense; generally not considered a weapon.

Restrictions:

Self-defense use only; no state size/strength caps.

Oklahoma – Pepper Spray Laws

Legal Status: Legal for adult self-defense; no explicit statewide ban/limit.

Restrictions:

Self-defense only; misuse (e.g., against officers) prosecutable; no size/strength caps in statute.

Oregon – Pepper Spray Laws (ORS § 163.212–213)

Legal Status: Legal for self-defense; no licensing required.

Restrictions:

Reckless discharge is a Class A misdemeanor; discharge against protected classes (e.g., on-duty LEO) is a Class C felony.
No size/strength caps in statute.

Pennsylvania – Pepper Spray Laws (18 Pa.C.S. § 908.1)

Legal Status: Legal for self-defense; excluded from “weapon” definition.

Restrictions:

Justified self-defense only; no state size/strength caps.

Rhode Island – Pepper Spray Laws (R.I. Gen. Laws § 11-47-57)

Legal Status: Legal for 18+ for self-protection.

Restrictions:

Self-defense only; unauthorized use punishable by fine up to $25; no state size/strength caps specified.

South Carolina – Pepper Spray Laws (S.C. Code § 16-23-470)

Legal Status: Legal for 18+ for protective purposes.

Restrictions:

Size: containers must not exceed 50 cc (~1.7 oz).

South Dakota – Pepper Spray Laws (SDCL § 13-39A-43; § 22-18-4.8)

Legal Status: Legal for self-defense; available without permit.

Restrictions:

Must align with justified self-defense; prohibited on school grounds; no state size/strength caps.

Tennessee – Pepper Spray Laws (T.C.A. § 39-17-1309; 2024 Laken Riley Act)

Legal Status: Pepper spray, mace, and similar devices are legal; public colleges cannot prohibit adult self-defense items.

Restrictions:

Self-defense only; misuse punishable under general statutes; no size/strength caps in statute.

Texas – Pepper Spray Laws (Texas Penal Code § 46.05)

Legal Status: Legal for 18+ for self-defense; not a firearm; may be carried concealed or openly without a license.

Restrictions:

Self-defense only; restricted zones apply (e.g., courthouses, schools, airports) (§ 46.03; § 46.05); no state size/strength caps.

Utah – Pepper Spray Laws (Utah Code § 76-2-402)

Legal Status: Legal; no state-level prohibitions against civilian possession.

Restrictions:

Use must align with justified self-defense; no state size/strength caps specified.

Vermont – Pepper Spray Laws

Legal Status: Generally legal for self-defense; no statewide restriction or licensing requirement.

Restrictions:

Self-defense only; no statutory size/strength caps.

Virginia – Pepper Spray Laws (Va. Code § 18.2-312)

Legal Status: Legal for self-defense; permits broadly allowed when used to protect life or property; public colleges cannot prohibit adult self-defense items.

Restrictions:

Malicious/unlawful deployment is a Class 6 felony; injury elevates to Class 3 felony; no size/strength caps in statute.

Washington – Pepper Spray Laws (RCW § 9.91.160)

Legal Status: Legal for 18+; 14–17 with parental consent.

Restrictions:

Municipalities may not prohibit lawful adult possession; no statewide size/strength caps.

West Virginia – Pepper Spray Laws (W. Va. Code § 61-7-2)

Legal Status: Defined as a temporarily disabling aerosol for lawful self-defense.

Restrictions:

Municipalities may restrict possession in certain public facilities; on Capitol Complex grounds, canisters over 1 oz are prohibited; no general size/strength caps elsewhere.

Wisconsin – Pepper Spray Laws (2013 Wis. Act 77)

Legal Status: Legal for self-defense; regulated standards for OC products and consumer safety.

Restrictions:

Purchasers 18+; must not be camouflaged/mispackaged; labeling requirements apply.
OC concentration capped at 10%; total content and performance parameters specified by Act 77.

Wyoming – Pepper Spray Laws

Legal Status: Legal for civilian self-defense; not explicitly restricted by state law.

Restrictions:

General criminal statutes apply to misuse; no statewide caps on size or OC concentration.