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“Pepper Spray” Laws in Colorado – Is it legal?

Pepper spray is legal in Colorado to carry, buy, or transport. Though be careful when you use it: Discharging pepper spray on someone other than for reasonable self-defense is assault.1 Most merchants will not sell you pepper spray if you are under 18 years old or have a prior felony or assault conviction. However:
  • No background check is necessary to purchase pepper spray;
  • You do not need a license to obtain or carry pepper spray; and
  • CCW permits are not required to carry pepper spray concealed.
It is unclear whether Colorado’s POWPO (possession of weapon by previous offender) law applies to pepper spray. If it does, then you may not buy, possess, or carry pepper spray if you have been convicted of certain offenses: (Click on the following for the full felony list.) Under Colorado law, possession of weapons by a previous offender is a class 5 felony carrying: Also note that police are permitted to use pepper spray in certain circumstances, such as to subdue riotous crowds. Though if their use of pepper spray was excessive force, the victims may be able to sue the police department.3 Graphic that shows purposes of pepper spray, such as self-defense and for law enforcement

What qualifies as pepper spray?

Pepper spray is a non-lethal self-defense tool that contains oleoresin capsicum (OC) as its active ingredient. This natural oil, derived from chili peppers, contains capsaicin, which is responsible for the intense burning sensation when it comes into contact with the

  • eyes,
  • skin, and
  • mucous membranes.

When deployed, pepper spray causes temporary blindness, difficulty breathing, and severe irritation to the eyes, nose, mouth, and skin. These effects typically last between 30 and 45 minutes, allowing the user to escape from a dangerous situation or for law enforcement to subdue a suspect.

The spray is commonly used in various contexts, including:

  • Personal self-defense,
  • Law enforcement for crowd control and suspect restraint, and/or
  • Protection against aggressive animals, such as bears.
Woman dispensing pepper spray at a thief who is grabbing her pocketbook
Pepper spray is typically carried for self-defense.

Pepper spray is usually dispensed from pressurized canisters in different spray patterns:

  • Stream: A concentrated, narrow stream of liquid,
  • Mist: A fine spray covering a larger area, or
  • Fog: A wide-dispersing cloud of spray.

The effectiveness of pepper spray is often measured by its OC concentration and Scoville Heat Units (SHU). However, it’s important to note that there is no standardized measurement system, making it challenging to compare products from different manufacturers.

In addition to OC, pepper spray formulations may include other ingredients such as water, alcohol, and propellants like isobutane or propane. Some brands also incorporate UV dye to help identify attackers after the spray’s effects have worn off.

Additional Reading

For more in-depth information, refer to the following scholarly articles:
Close up of pepper spray in hand of partially obscured red haired woman standing outside
Pepper spray is legal in Colorado.

Legal References

  1. CRS 18-1-704. CRS 18-1-704.5. See, for example: People v. Yachik (Court of Appeals of Colorado, Division Two, 2020) 469 P.3d 582; Todd v. People (2006) 179 P.3d 1033.
  2. CRS 18-12-108.
  3. See, for example: People v. Howard (Court of Appeals of Colorado, Division Five, 2008) 215 P.3d 1134; People v. Magnum (2020) 48 P.3d 568.

About the Author

Picture of Michael Becker

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.

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