2006 Michigan Compiled Laws - Mich. Comp. Laws § 750.224d Self-defense spray device.
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Act 328 of 1931 750.224d Self-defense spray device. Sec. 224d. (1) As used in this section and section 224, "self-defense spray device" means a device to which all of the following apply: (a) The device is capable of carrying, and ejects, releases, or emits 1 of the following: (i) Not more than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients. (ii) A solution containing not more than 2% oleoresin capsicum. (b) The device does not eject, release, or emit any gas or substance that will temporarily or permanently disable, incapacitate, injure, or harm a person with whom the gas or substance comes in contact, other than the substance described in subdivision (a)(i) or (ii). (2) Except as otherwise provided in this section, a person who uses a self-defense spray device to eject, release, or emit orthochlorobenzalmalononitrile or oleoresin capsicum at another person is guilty of a misdemeanor, punishable by imprisonment for not more than 2 years, or a fine of not more than $2,000.00, or both. (3) If a person uses a self-defense spray device during the commission of a crime to eject, release, or emit orthochlorobenzalmalononitrile or oleoresin capsicum or threatens to use a self-defense spray device during the commission of a crime to temporarily or permanently disable another person, the judge who imposes sentence upon a conviction for that crime shall consider the defendant's use or threatened use of the self-defense spray device as a reason for enhancing the sentence. (4) A person shall not sell a self-defense spray device to a minor. A person who violates this subsection is guilty of a misdemeanor. (5) Subsection (2) does not prohibit either of the following: (a) The reasonable use of a self-defense spray device by a law enforcement officer in the performance of the law enforcement officer's duty. (b) The reasonable use of a self-defense spray device by a person in the protection of a person or property under circumstances which would justify the person's use of physical force.
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