Pepper spray is considered a 'prohibited weapon' in Victoria. The prohibited weapons list includes any noxious discharge article, including capsicum spray as an article designed or adapted to emit or discharge an offensive, noxious or irritant liquid, powder, gas or chemical so as to cause disability, incapacity or harm to another person.. The laws on pepper spray are different, although there are some similarities.. It is also against the law to carry pepper spray in Victoria, even for self-defence. This state sees pepper spray as an item on the list of articles designed to discharge an offensive, noxious or irritant liquid, powder, chemical, or gas..

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Unauthorised use or possession of pepper spray is an offence. Having pepper spray in your possession as a first offence is unlikely to attract a goal sentence. If you are charged with possession and use, the maximum penalty for possession or use of a prohibited weapon, like pepper spray, in NSW is 14 years imprisonment.. In California, individuals are allowed to carry and use pepper spray for self-defense against people and animals as long as they adhere to the following restrictions: • Pepper spray must be in a container that does not exceed 2.5 ounces. • It must be propelled by aerosol spray. • The user must be over 18 years of age.