Yes, pepper spray is legal in North Dakota for self-defense, provided it meets state-specific criteria. Non-lethal defense sprays with an OC concentration under 10% and no more than 2% capsaicinoids are permissible. Local law enforcement agencies, including the North Dakota Bureau of Criminal Investigation, enforce these standards under N.D. Cent. Code § 62.1-02-05. Recent 2026 compliance guidance emphasizes retailer verification of product labels to prevent misclassification as prohibited weapons.
Key Regulations for Pepper Spray in North Dakota
- OC Concentration Limit: Must contain no more than 10% oleoresin capsicum (OC) and 2% capsaicinoids. Exceeding this triggers classification as a prohibited weapon under N.D. Cent. Code § 62.1-02-05.
- Canister Size Restriction: Maximum 2 oz (56.7g) net weight for portable defense sprays. Larger containers require special permits from the North Dakota Attorney General’s Office.
- Retailer Compliance: Sellers must maintain records of OC concentration testing and display state-mandated warning labels. Violations may result in civil penalties under N.D. Admin. Code § 93-02-01.