In Western Australia, it is legal for a person to carry pepper spray for lawful defense, if that person has, on reasonable grounds, a suspicion or belief that he or she will require the pepper spray to defend himself or herself. However, the person found carrying the pepper spray carries the burden of proving a "reasonable belief or suspicion" rather than the prosecution. In all other states and territories in Australia, pepper spray is considered illegal.

In Belgium it is classified as a prohibited weapon, and it is illegal for anyone other than police officers to carry a capsicum spray. The use by the security services of public transport companies is also authorized after obtaining permission from the minister of internal affairs.

In Canada all products with a label containing the words pepper spray, mace, etc, or otherwise originally produced for use on humans are classified as a prohibited weapon. Only Peace Officers, and individuals/corporations who have special government permits may legally carry or possess pepper spray. Any similar canister with the labels reading " dog spray " and/or " bear spray " may be legally carried by anyone. The legality of using spray intended for animal deterrent on a person would be decided in court on a case-by-case basis.

In Denmark possession of pepper spray is illegal for private citizens. As of 2008, police officers carry pepper spray as part of their standard equipment. This was introduced following the shooting of a number of mentally ill citizens - in 2006 also killing 4 people - who had behaved violently or in a threatening manner, leaving the police force in want of a defensive, non-lethal weapon. However, the police have also continued carrying guns.

In the Dominican Republic, it is legal to own and purchase pepper spray at any age over the counter, CS spray is regulated and may be used only by military personnel on duty. Owning civilian grade pepper spray is endorsed by authorities as means of defense against stray dogs, also as a means of defense against human assailants as opposed to the use of a firearm.

In Finland it is classified as a device governed by the firearm act and possession of pepper spray requires a license. Licenses are issued for defensive purposes and to individuals working jobs where such a device is needed such as the private security sector. Government organizations such as defense forces and police are exempt. Concentrations are also limited to 5% active ingredient in OC sprays and 2%/2% in combinations sprays such as CN/OC.

In Germany pepper sprays labeled for the purpose of defense against animals may be owned and carried by anyone (even minors). Such sprays are not legally considered as weapons. Carrying it at (or on the way to and from) demonstrations may still be punished  Sprays that are not labeled "animal-defense spray" or do not bear the test mark of the Material prüfungs anstalt (MPA) (material testing institute) are classified as prohibited weapons. Justified use against humans as self-defense is allowed. CS sprays bearing a test mark of the MPA may be owned and carried by anyone over the age of 14.

In Hong Kong. pepper spray is classified as "arms" under HK Laws. Chap 238 FIREARMS AND AMMUNITION ORDINANCE. Without a valid license from the Hong Kong Police Force, it is a crime and can result a fine of $100,000 and to imprisonment for 14 years.

In Israel, OC and CS spray cans may be purchased by any member of the public without restriction and carried in public. In the 1980s a firearms license was required for doing so, but since then these sprays have been deregulated.

In Italy OC it is considered a self-defense weapon and it is legal to own it when the active principle is less than 10%. Spray made with CS is illegal.

In Latvia pepper spray is classified as a self-defense weapon, and it is available to anyone over 16. Anyone over 18 can buy gas pistol loaded with pepper or tear gas cartridges for self defense.

In the Netherlands it is classified as a Class II weapon of the Weapons and Munitions Act (or Wet Wapens en Munitie, in Dutch), putting it in the same class of regulation as fully automatic fire-arms, explosive devices and other war gasses such as organophosphate nerve gasses. It is a prohibited weapon except for police officers, who carry it as a less than lethal weapon, as an alternative for using their side-arm.

In New Zealand pepper spray is carried by police officers in place of a firearm.

In Norway real pepper spray is only used by the police. The publicly available defense spray often called pepper spray is actually based on isopropyl alcohol.

In Poland all defense sprays (with OC, PAVA, CS or CN) are not classified as a weapon, so they are available to anyone over 18.

In Russia pepper spray is a fully legal self-defense weapon and can be bought without license by any person over the age of 18 (passport being required for purchase). Its effect on animals is advertised as additional feature, compared with tear gas sprays. Carrying it at demonstrations is prohibited by law.

In South Africa it is not a licensed product and is freely available as an over the counter security product. Generally carried and used by private security officers and armed reaction officers as well as police and members of the public. A pepper spray projectile is also available also without license. Anyone using pepper spray as anything but a defensive weapon can still be charged with a firearms offense.

In Sweden it is classified as an offensive weapon and possession of pepper spray requires a license. However, as of 2006, no such license has been issued.

In Spain approved pepper spray made with 5% CS is available to anyone over 18.

In South Korea Pepper spray containing OC is legal, however gas-gun types need a simple license to own. CS is only available for police and private security firms.

In the United Kingdom, "Any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing" is classed as a section 5 firearm (Firearms Act 1968). The same act covers other prohibited weapons such as automatic firearms and rocket launchers, all of which can only be possessed by permission of the Home Secretary. Although legal for police officers, recent debates have arisen whether such a weapon should be legal for civilians as means of defensive purposes only. At present a number of legal alternative dye sprays are sold in the UK which have the effect of temporarily blinding the attacker but do not constitute noxious substances and so do not contravene this act.