By Janet Portman, Attorney · Santa Clara University School of Law
Pepper spray is a chemical that, when sprayed into the eyesor onto the face, causes severe pain, tearing, and, in some cases, temporaryblindness. Also known as "OleoresinCapsicum," "OC Gas," or "capsicum spray," pepper spray is usually carried in asmall canister so it can be easily contained in a pocket or a purse. Pepper spray is regulated by the state ofCalifornia in its rules concerning tear gas and tear gas weapons (Ca. PenalCode Sections 22810 and following).
Pepper Spray Effects and Use
Pepper spray is derived from chili plants, and, when sprayedinto the face, causes people to immediately close their eyes, cough, and tearup. Pepper spray has also been known to cause tightening of the chest, mucussecretions, and other discomforts, all of which are considered to be largelytemporary. The spray can cause severe discomfort for about half anhour, depending on the potency of the spray and the amount applied.
Pepper spray is commonly used by riot police whencontrolling rowdy crowds. Individuals carry it as a form of self defense, to beused on an assailant or an attacking dog. It can be purchased in avariety of locations, including online self-defense vendors.
Is Pepper Spray Legal in California?
Paradoxically, the use of pepper spray is illegal in war, becauseit is considered chemical warfare according to international statutes governingweapons of war. But it is legal when used by law enforcement or by a privateindividual in self-defense situations.Laws governing the use of pepper spray vary from state to state, withsome states limiting its usage, potency, or the amount that can be carried atany given time. California regulates the possession and use in the followingways.
Self Defense Only
You may purchase, possess, and use pepper spray as long asyou do so only for self-defense purposes. Interestingly, in California, "use"includes not just discharging the weapon, but displaying it in a threateningmanner. Using it in non-self defense situations will subject you to a misdemeanoror felony charge, with a possible sentence of 16 months, two, or three years, afine of up to $1,000, or both. It is no defense to a charge of improper use that the canister was empty or otherwise inoperable.
People Who May Not Possess Pepper Spray in California
California law prohibits several classes of people frombuying, possessing, or using pepper spray:
- people convicted of a felony or any assaultcrime, in California or any other state or in the federal system; and thoseconvicted of misusing the spray (in non-self defense situations)
- minors (except minors over 16 years old, who maypurchase and possess pepper spray as long as their parent is present or giveswritten permission), and
- those addicted to any narcotic drug.
Restrictions on Packaging
Pepper spray may not be sold in containers that hold more than 2.5ounces of the chemical. Packages must inform users that the item may be usedfor self defense only; the manufacturer must include a useful shelf life date, usageand first aid instructions, and include an explanation of the legalconsequences for illegal use.
