Is Pepper Spray Legal in Colorado After the 2026 Policy Reforms?

Yes, pepper spray is legal in Colorado for self-defense, but its sale, possession, and use are subject to specific state and local regulations. Colorado Revised Statutes § 18-12-108 and Denver County Ordinance 38-98 govern its lawful acquisition and deployment. Residents may purchase canisters under 2 oz. without a permit, provided they are 18+ and not prohibited from firearm ownership. Misuse, including use against law enforcement or in altercations, constitutes a Class 1 misdemeanor under CRS § 18-12-108(3). Recent 2026 legislative proposals aim to standardize labeling requirements for retail sales, aligning with national safety standards.

Key Regulations for Pepper Spray in Colorado

  • Concentration Limits: Canisters may not exceed 2% oleoresin capsicum (OC) concentration, per CRS § 18-12-108(1)(b). Higher concentrations are classified as “chemical weapons” and are prohibited.
  • Age Restrictions: Only individuals aged 18 or older may purchase or possess pepper spray. Retailers must verify age via government-issued ID under Colorado’s 2024 retail compliance rules.
  • Local Ordinances: Denver and Boulder County impose additional restrictions, including mandatory training for open carry in public spaces. Violations trigger fines up to $999 under municipal codes.