“Colorado pepper spray laws” – Is it legal?

Pepper spray is legal in Colorado to carry, buy, or transport. Discharging pepper spray on someone other than for reasonable self-defense is assault.¹ Most merchants will not sell you pepper spray if you are under 18 years old or have a prior felony or assault conviction.

No background check is necessary to purchase pepper spray. You do not need a license to obtain or carry pepper spray. Plus CCW permits are not required to carry pepper spray concealed.

It is unclear whether Colorado’s POWPO (possession of weapon by previous offender) law applies to pepper spray. If it does, then you may not buy, possess, or carry pepper spray if you have been convicted of any of the following offenses:

1. Murder in the first degree (CRS 18-3-102);
2. Murder in the second degree (CRS 18-3-103);
3. Sexual assault (CRS 18-3-402);
4. Unlawful sexual contact (CRS 18-3-404);
5. Sexual assault on a child (CRS 18-3-405);
6. Sexual assault on a child by one in a position of trust (CRS 18-3-405.3);
7. Sexual assault on a client by a psychotherapist (CRS 18-3-405.5);
8. Invasion of privacy for sexual gratification (CRS 18-3-405.6);
9. Child prostitution (CRS 18-7-401);
10. Soliciting for child prostitution (CRS 18-7-402);
11. Procurement of a child for sexual exploitation (CRS 18-6-404);
12. Pimping of a child (CRS 18-7-405);
13. Inducement of child prostitution (CRS 18-7-405.5);
14. Patronizing a prostituted child (CRS 18-7-406);
15. Indecent exposure (CRS 18-7-302);
16. Incest (CRS 18-6-301);
17. Aggravated incest (CRS 18-6-302);
18. Child abuse (CRS 18-6-401);
19. Sexual exploitation of children (CRS 18-6-403);
20. Human trafficking (CRS 18-3-504);
21. Sex trafficking (CRS 18-3-504);
22. Manslaughter (CRS 18-3-104);
23. Criminally negligent homicide (CRS 18-3-105);
24. Vehicular homicide (CRS 18-3-106);
25. Assault in the first degree (CRS 18-3-202);
26. Assault in the second degree (CRS 18-3-203);
27. Vehicular assault (CRS 18-3-205);
28. Menacing (CRS 18-3-206);
29. First-degree kidnapping (CRS 18-3-301);
30. Second-degree kidnapping (CRS 18-3-302);
31. Robbery (CRS 18-4-301);
32. Aggravated robbery (CRS 18-4-302);
33. Aggravated robbery of controlled substances (CRS 18-4-303);
34. First degree burglary (CRS 18-4-202);
35. Second degree burglary of a dwelling (CRS 18-4-203 (2)(a));
36. Crimes against at-risk adults or at-risk juveniles (CRS 18-6.5-103);
37. Domestic violence (felony or misdemeanor), as defined in CRS 18-6-800.3 (1);
38. Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in CRS 18-6-800.3 (1), pursuant to CRS 18-6-801 (1);
39. Stalking (CRS 18-3-602);
40. A bias-motivated crime (CRS 18-9-121);
41. Failure to stop at the scene of an accident (CRS 42-4-1601), where the accident results in the death or serious bodily injury of another person;
42. Retaliation against a witness or victim (CRS 18-8-706);
43. Intimidating a witness or a victim (CRS 18-8-704);
44. Aggravated intimidation of a witness or a victim (CRS 18-8-705);
45. Tampering with a witness or victim (CRS 18-8-707);
46. Retaliation against a judge or elected official (CRS 18-8-615);
47. Retaliation against a prosecutor (CRS 18-8-616);
48. Retaliation against a juror (CRS 18-8-706.5); and/or
49. Any criminal attempt (CRS 18-2-101), any conspiracy (CRS 18-2-201), any criminal solicitation (CRS 18-2-301), and any accessory to a crime (CRS 18-8-105), involving any of the above offenses.
50. Any of the above crimes committed by a juvenile in the last 10 years.

Under Colorado law, possession of weapons (including pepper spray) by a previous offender is a class 5 felony carrying:

• Up to 3 years in Colorado State Prison, and/or
• A fine of up to $100,000.²

Also note that police are permitted to use pepper spray in certain circumstances, such as to subdue riotous crowds. Though if their use of pepper spray was excessive force, the victims may be able to sue the police department.³

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