Is It Legal to Carry Pepper Spray in California?

Pepper spray is a chemical that, when sprayed into the eyes or onto the face, causes severe pain, tearing, and, in some cases, temporary blindness. Also known as "Oleoresin Capsicum," "OC Gas," or "capsicum spray," pepper spray is usually carried in a small canister so it can be easily contained in a pocket or a purse.

Laws governing the use of pepper spray vary from state to state, with some states limiting its usage, potency, or the amount that can be carried at any given time. California regulates pepper spray in its rules concerning tear gas and tear gas weapons.

How Does Pepper Spray Work?

Pepper spray is derived from chili plants, and, when sprayed into the face, causes people to immediately close their eyes, cough, and tear up. Pepper spray has also been known to cause tightening of the chest, mucus secretions, and other discomforts, all of which are considered to be largely temporary. The spray can cause severe discomfort for about half an hour, depending on the potency of the spray and the amount applied.

Riot police commonly use pepper spray when controlling rowdy crowds. Individuals carry it as a form of self-defense, to be used on an assailant or an attacking dog. It can be purchased in a variety of locations, including online self-defense vendors.

Is Pepper Spray Legal in California?

Yes, pepper spray is legal in California—but the state regulates who can carry pepper spray, who can't, how it can be used, and how it can be sold.

Who Can Carry Pepper Spray in CA?

Pepper spray is legal when used by law enforcement, private investigators, and custodial officers who've received training in its use. Private individuals may purchase, possess, and use pepper spray only for use in self-defense situations.

Who Is Prohibited From Carrying Pepper Spray in CA?

California law prohibits the following people from buying, possessing, or using pepper spray:

• people convicted of a felony or assault in any state or under federal law
• people with a prior conviction for misusing pepper spray (in non-self-defense situations)
• those addicted to any narcotic drug, and
• minors (except minors older than 16 who have a parent or guardian present, along with their written statement of consent).

Parents who allow a minor to carry pepper spray are civilly liable for a minor's misuse or negligence in using the spray.

What Are the Restrictions for Pepper Spray Products in CA?

Pepper spray may not be sold in containers that hold more than 2.5 ounces of the chemical. Packages must inform users that the item may be used for self-defense only. The manufacturer must also include a useful shelf-life date, usage and first aid instructions, and an explanation of the legal consequences for illegal use.

(Cal. Penal Code §§ 22810, 22815 (2024).)

What Are the Penalties for Illegal Use of Pepper Spray in California?

Private individuals in California may purchase, possess, and use pepper spray only for self-defense purposes. The term "use" includes intentionally displaying the spray against another. This means a person can't pull a canister of spray on someone as a threat without breaking the law, unless they were threatened first.

A person who uses pepper spray in non-self-defense situations can face misdemeanor or felony charges, with a possible sentence of 364 days in jail or 16 months, two years, or three years of jail time. Knowingly using pepper spray against an on-duty police officer is a felony. Both offenses carry fines of up to $1,000.

It's not a defense to a charge of improper use that the canister was empty or otherwise inoperable.

(Cal. Penal Code § 22810 (2024); People v. Hamilton, 61 Cal.App.4th (1998).)

Talk to a Lawyer

If you face charges for improper use of pepper spray, contact a criminal defense attorney. A lawyer can evaluate the circumstances of your case and any defenses you might have.