What Are the Pepper Spray Laws in the United States?

When you want to carry and use pepper spray, the rules start to get a little murkier. There might be regulations about how much you can have, the product’s concentration strength, and age restrictions.

A total of 13 states in 2022 have specific conditions to review in their pepper spray laws.

Since pepper spray is legal to purchase in all 50 states, anyone who is 18 or older is typically permitted to buy and carry the product.

Besides age, the only restriction that applies to pepper spray ownership involves past criminal behavior. If you’ve been convicted of a felony, your state laws may prohibit purchases of this product since it could be considered a weapon.

Here is an overview of the current pepper spray laws in the United States and what to expect if you want to include this self-defense tool for your protection profile.

Since pepper spray is legal to purchase in all 50 states, anyone who is 18 or older is typically permitted to purchase and carry the product.

Here is an overview of what the current pepper spray laws are in the United States and what to expect if you want to include this self-defense tool for your protection profile.

State	Size Restriction	Additional Information
Alabama	No
Alaska	Yes	Anyone carrying pepper spray in this state must be at least 18 years old. It is not permitted to take this self-defense tool into a school.
Arizona	No
Arkansas	Yes	This state prohibits carrying pepper spray in containers that exceed 150 cubic centimeters.
California	Yes	The pepper spray container in this state cannot exceed 2.5 ounces. All users must be 18 and “cannot be addicted” to any narcotic drug.
Colorado	No
Connecticut	No
Delaware	Yes	This state requires purchasers to be 18 years old.
Florida	Yes	The pepper spray container cannot be more than two ounces, and anyone convicted of a felony is not allowed to possess it.
Georgia	No
Hawaii	Yes	Purchasers must be at least 18 years old. If the pepper spray is bought online or shipped from a local supplier, it must be in a container of fewer than 0.5 ounces.
Idaho	No
Illinois	Yes	This state requires purchasers to be 18 years old.
Indiana	No
Iowa	No
Kansas	No
Kentucky	No
Louisiana	No
Maine	Yes	The pepper spray laws in this state say that this substance’s “criminal use” is illegal.
Maryland	Yes	Children are not permitted to use pepper spray between one hour after sunset and one hour before sunrise.
Massachusetts	Yes	This state requires animal-formula pepper spray in shipments. If you are not allowed to possess a pistol, you cannot own pepper spray.
Michigan	Yes	Cannot contain more than 35 grams of orthochlorobenzalmalononitrile (tear gas) and inert ingredients. The pepper spray cannot be more than 18% oleoresin capsicum or contain an ultraviolet dye. Must be 18 to purchase.
Minnesota	Yes	Requires purchasers to be at least 16 years old. Anyone who cannot possess a firearm is restricted from owning this item.
Mississippi	No
Missouri	No
Montana	No
Nebraska	No
Nevada	Yes	Minors cannot possess pepper spray in this state. All containers must be two ounces or less.
New Hampshire	No
New Jersey	Yes	Must be 18. Anyone convicted of a felony is not allowed to possess pepper spray. All containers must be “pocket sized” and release no more than 0.75 ounces when deployed.
New Mexico	No
New York	Yes	Only animal formulas are permitted for shipments. The container must fit in a pocket. Individuals are restricted to two items in a single transaction. Anyone convicted of an assault charge (including misdemeanors) or a felony cannot possess pepper spray.
North Carolina	Yes	All pepper spray containers must be five ounces or less.
North Dakota	No
Ohio	No
Oklahoma	No
Oregon	No
Pennsylvania	No
Rhode Island	Yes	This state requires all purchasers to be at least 18 years old.
South Carolina	No
South Dakota	No
Tennessee	No
Texas	No
Utah	No
Vermont	No
Virginia	No
Washington	Yes	With parental permission, minors who are at least 14 years old can purchase pepper spray. Without permission, you must be 18.
West Virginia	No
Wisconsin	Yes	This state requires all pepper spray containers to be under two ounces in size. The product must contain less than 10% oleoresin capsicum. It cannot be camouflaged or disguised. Minors can buy with parental permission; otherwise, the individual must be over the age of 18.
Wyoming	No

All states require you to be at least 18 to purchase pepper spray unless parent permission statutes are on the books.

Human vs. Animal Pepper Spray

A standard human defense spray delivers about two million Scoville Heat Units. A product made for dogs contains almost half that potency.

Bear formulations have a slightly higher capsaicin rating than a human defense spray, so it helps to check local laws to determine its use or availability. Bear sprays must pass EPA testing requirements to ensure the product is humane.

The self-defense weapon you choose to use depends on your personal preferences. If you’re comfortable using pepper sprays and gels, it makes sense to invest in this resource.

Other self-defense options are available, ranging from loud alarms to stun guns. Each product offers specific pros and cons to consider for your situation.

The one advantage that pepper spray offers is that it has the fewest restrictions against ownership and use across the United States. Before finalizing your purchase, please verify that no local statutes prohibit ownership.