Is Pepper Spray Legal in Michigan After the 2026 Framework Overhaul?

Yes, pepper spray is legal in Michigan for self-defense, but Michigan’s Self-Defense Act and local ordinances impose strict limits. Residents may purchase, possess, and use it without a permit, provided the canister meets state specifications: maximum 2% capsaicin content, no more than 35 grams, and a non-fogging delivery system. Misuse—such as brandishing in public or deploying against law enforcement—triggers felony charges under MCL 750.226a. The Michigan State Police (MSP) enforces these rules, while cities like Detroit and Grand Rapids supplement them with additional local restrictions, particularly around public carry.


Key Regulations for Pepper Spray in Michigan

  • Capsaicin Concentration: Products must contain no more than 2% capsaicin, aligning with MCL 750.226a’s definition of “self-defense spray.” Concentrations exceeding this are classified as “tear gas” and require a Dangerous Weapon Permit from local authorities.
  • Canister Size: Legal sprays are capped at 35 grams (1.23 oz) of active ingredient. Larger containers are treated as hazardous materials under Michigan’s Fireworks and Explosives Act, necessitating hazmat compliance for transport.
  • Delivery Mechanism: Only non-fogging, stream or gel-based sprays are permitted. Foggers or aerosols are prohibited due to their indiscriminate dispersion risk, per MSP’s 2024 Self-Defense Spray Guidelines.