Internationally pepper spray is banned for use in war by the 1972 Biological Weapons convention but not for internal security use.
In Western Australia, it is legal for a person to carry pepper spray for lawful defense, if that person has, on reasonable grounds, a suspicion or belief that he or she will require the pepper spray to defend himself or herself. However, the person found carrying the pepper spray carries the burden of proving a "reasonable belief or suspicion" rather than the prosecution. In all other states and territories in Australia, pepper spray is considered illegal.
In Canada ...classified as a restricted weapon [15], however, only Peace Officers, and individuals/corporations who have special government permits may legally carry or possess pepper spray. Any similar canister with the labels reading "dog spray" and/or "bear spray" may be legally carried by anyone, and if necessary one can defend himself against a human if it is a reasonable defense against a human attacker.
In Denmark possession of pepper spray is illegal for private citizens, but a trial period is currently in effect, where police officers in most metropolitan areas carry pepper spray as part of their standard equipment.
In the Dominican Republic, it is legal to own and purchase pepper spray at any age over the counter, CS spray is regulated and may be used only by military personnel on duty. Owning civilian grade pepper spray is endorsed by authorities as means of defense against stray dogs, also as a means of defense against human assailants as opposed to the use of a firearm.
In Finland it is classified as a device governed by the firearm act and possession of pepper spray requires a license.
In Germany privately owned pepper spray may fall into two different categories. Sprays that bear the test mark of the Materialprüfungsanstalt[16] may be owned and carried solely for the purpose of defense against animals. Such sprays are not legally considered as weapons. Sprays that do not bear this test mark are classified as prohibited weapons. It is nevertheless strictly prohibited to carry pepper spray at (or on the way to and from) demonstrations - whether it bears a test mark or not.
In Hong Kong. pepper spray is classified as "arms" under HK Laws. Chap 238 FIREARMS AND AMMUNITION ORDINANCE. Without a valid license from the Hong Kong Police Force, it is a crime and can result a fine of $100,000 and to imprisonment for 14 years.
In Israel, OC and CS spray cans may be purchased by any member of the public without restriction and carried in public. ]
In Italy OC it is considered a self-defense weapon and it is legal ...(but) Spray made with CS is illegal.[citation needed]
In Latvia pepper spray is classified as a self-defense weapon, and it is available to anyone over 16. Anyone over 18 can buy gas pistol loaded with pepper or tear gas cartridges for self defense.
In both Belgium and Netherlands it is classified as a prohibited weapon, and it is illegal for anyone other than police officers
In Norway real pepper spray is only used by the police.
In Poland pepper spray is not classified as a weapon, so it is available to anyone over 18.
In Russia pepper spray is a fully legal self-defense weapon and can be bought without license by any person over the age of 18 ... Carrying it at demonstrations is prohibited by law.
In South Africa it is not a licensed product and is freely available as an over the counter security product.
In Spain approved pepper spray made with 5% CS is available to anyone over 18.[citation needed]
In the United Kingdom, "Any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing" is classed as a section 5 firearm (Firearms Act 1968). ...legal for police officers, recent debates have arisen whether such a weapon should be legal for civilians as means of defensive purposes only. At present a number of legal alternative dye sprays are sold in the UK which have the effect of temporarily blinding the attacker but do not constitute noxious substances and so do not contravene this act.[citation needed]
Laws on Pepper Spray in the United States of America differ between states.
Washington, D.C., possession of pepper spray must be registered with the DC Metropolitan Police.
Massachusetts, pepper spray can only be sold to holders of firearm identification cards.[18]
Wisconsin, pepper spray is limited to containers of 15-60 grams of 10% active ingredient without dyes or CN/CS.[citation needed]
Michigan, pepper spray is legal if it has less than 2% of the active ingredient, this decreases the length of the effects but not the SHU. Sprays containing a mixture of CN/CS are also banned. Otherwise pepper spray is an over the counter purchase.[citation needed]
In many (but not all) other states, pepper spray can be purchased at various stores and carried legally by anyone over 18.