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What is the pepper spray law in California? Misuse of tear gas in California comes with state penalties of up to a $1000 fine and/or up to three years in prison, not to mention a possible felony conviction on record. Examples of misuse include using tear gas on people in anger, spraying it as a joke, or possession of tear gas by prohibited persons. Minors, drug addicts or persons convicted of felonies, assault or misuse of tear gas are legally prohibited from possessing tear gas, although there are few barriers to procurement of tear gas by these people. To be legally purchased, possessed or used in California, any canister must have a label that says "WARNING: The use of this substance or device for any purpose other than self-defense is a crime under the law. The contents are dangerous--use with care." The maximum legal net weight for a canister is 2.5 ounces, or 70 grams of OC.
Why is it okay for "Law-enforcement" persons to use pepper-sprays in non-defensive situations (there seem to be many cases of it--and nothing is done about it)...?
Can anyone provide the state statute regarding the possession of pepper spray?
Pepper spray is not tear gas. The summary is accurate in it's description of the penalties involved for the misuse of Tear Gas (CS GAS or Chlorobenzylidene Malononitrile) and it's restrictions on the net legal amount of Pepper Spray (OC Spray or Oleoresin Capsicum)) but to use the two without distinction is misleading. The use of CS is restricted to law enforcement and other trained and certified personnel. While the sale of Pepper Spray in not.