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Can pepper spray laws be different in different areas? Some states regulate or forbid tear gas, or some may allow cities to make their own assorted laws regarding tear gas. Many countries, including Canada, also forbid tear gas. For this reason, it's a good idea to call the law enforcement agency that has jurisdiction over your destination before you bring pepper spray there. Pepper Spray is legal in all 50 states. However, possession and/or use may be regulated or prohibited by law in some jurisdictions. Check with your local police department.