This temporary blindness allows officers to more easily restrain subjects and permits people in danger to use pepper spray in self-defense for an opportunity to escape.

It was successfully adopted, except for improper usages such as when police sprayed peaceful protestors at University of California, Davis in 2011.

Loghman commented, "I have never seen such an inappropriate and improper use of chemical agents", prompting court rulings completely barring its use on docile persons.

[10] An emulsifier such as propylene glycol is used to suspend OC in water, and the suspension is then pressurized to make an aerosol pepper spray.

[20] The American Civil Liberties Union (ACLU) documented 27 people in police custody who died after exposure to pepper spray in California since 1993.

[21][22] However, the ACLU report counts all deaths occurring within hours of exposure to pepper spray regardless of prior interaction, taser use, or if drugs are involved.

[24][25] Prosecutors said that from December 1989 through 1990, Ward received about $5,000 a month for a total of $57,500, from Luckey Police Products, a Fort Lauderdale, Florida-based company that was a major producer and supplier of pepper spray.

[26]Direct close-range spray can cause more serious eye irritation by attacking the cornea with a concentrated stream of liquid (the so-called "hydraulic needle" effect).

[28][29] However, there are some scientific studies that argue the positional asphyxiation claim is a myth due to pinpoint pressure on a person.

[30] For individuals not previously exposed to OC effects, the general feelings after being sprayed can be best likened to being "set alight".

[31] Police are trained to repeatedly instruct targets to breathe normally if they complain of difficulty, as the shock of the exposure can generate considerable panic as opposed to actual physical symptoms.

The definition under regulation states "any device designed to be used for the purpose of injuring, immobilizing or otherwise incapacitating any person by the discharge therefrom of (a) tear gas, Mace or other gas, or (b) any liquid, spray, powder or other substance that is capable of injuring, immobilizing or otherwise incapacitating any person" is a prohibited weapon.

Any similar canister with the labels reading "dog spray" or "bear spray" is regulated under the Pest Control Products Act—while legal to be carried by anyone, it is against the law if its use causes "a risk of imminent death or serious bodily harm to another person" or harming the environment and carries a penalty up to a fine of $500,000 and jail time of maximum 3 years.

In June 2002, West Australian resident Rob Hall was convicted for using a canister of pepper spray to break up an altercation between two guests at his home in Midland.

He was sentenced to a good behavior bond and granted a spent conviction order, which he appealed to the Supreme Court.

Justice Christine Wheeler ruled in his favor, thereby legalizing pepper spray in the state on a case-by-case basis for those who are able to show a reasonable excuse.

[98][103] On 14 March 2012, a person dressed entirely in black entered the public gallery of the New South Wales Legislative Council and launched a paper plane into the air in the form of a petition to Police Minister Mike Gallacher calling on the government to allow civilians to carry capsicum spray.