The short answer is yes, tear‑gas devices are legal in Maryland, but the 2026 Maryland Public Safety Act imposes strict limits on who may possess them, how they may be deployed, and what training is required. Unauthorized civilian use is now a felony, and law‑enforcement agencies must follow newly codified procedural safeguards before authorizing any deployment. Non‑compliance can result in civil liability and criminal penalties under §§ 24‑2025 and 31‑101 of the Maryland Annotated Code.
Background of the 2026 Safety Laws
The Maryland Public Safety Act of 2026 was enacted in response to nationwide protests and documented injuries from crowd‑control chemicals. The legislation updates the State Police Regulations (SPR‑02) and adds Chapter 24‑30 to the Annotated Code, defining “chemical irritants” as any aerosolized compound designed to cause temporary physiological effects. The law reflects recommendations from the National Institute of Justice’s 2025 report on less‑lethal weapons, which found a 27 % reduction in injuries when strict de‑escalation protocols are followed.
Key Provisions on Chemical Agents
- Authorized Users – Only certified law‑enforcement officers, correctional staff, and licensed security firms may possess tear‑gas canisters. Private individuals are prohibited from owning or distributing them (Md. Code §§ 24‑2025(b)).
- Training Requirements – Officers must complete a 16‑hour certified course covering the chemistry of CS and CN agents, health risks, and de‑escalation tactics. Certification expires every three years.
- Deployment Standards – Use is restricted to situations where an imminent threat of serious bodily harm exists, and only after verbal warnings and a “least‑force” assessment. Deployments must be reported within 24 hours to the State Police Oversight Committee.
- Packaging and Labeling – All canisters must bear a tamper‑evident seal and a label indicating the active ingredient, concentration, and expiration date, as required by the Maryland Health Department.
Enforcement and Penalties
Violations trigger a tiered penalty structure. A first‑offense unlawful possession by a civilian is a Class C felony, punishable by up to 10 years imprisonment and a $10,000 fine. Law‑enforcement officers who breach deployment protocols face administrative suspension, mandatory retraining, and possible criminal charges under § 31‑101. The State Attorney General’s Office has established a dedicated “Chemical Use Review Unit” to audit incidents and recommend disciplinary action.
Impact on Law Enforcement and the Public
Since the law’s enactment on January 1 2026, the Maryland State Police reported a 42 % decline in tear‑gas deployments compared with 2025 data. Community‑police relations have improved, with 68 % of surveyed residents expressing greater confidence in police restraint measures. However, critics argue that the compliance burden may limit officers’ ability to safely disperse violent crowds, potentially endangering public safety in high‑risk scenarios.
Conclusion
Tear gas remains legal in Maryland, but the 2026 safety laws impose rigorous controls designed to balance public safety with civil‑rights protections. Understanding the statutory limits, training mandates, and reporting obligations is essential for any entity that handles these chemical agents.
Is civilian possession of tear‑gas canisters now a crime?
Yes. Under § 24‑2025(b) civilian ownership without a law‑enforcement exemption is a Class C felony, subject to imprisonment and fines.
What training must officers complete before using tear gas?
Officers must finish a state‑approved 16‑hour course that includes chemical safety, medical effects, and de‑escalation techniques, with certification renewed every three years.
Can private security firms use tear gas under the new law?
Only if they hold a valid license from the Maryland Department of Public Safety and have completed the mandated training; otherwise, use is prohibited.
How must an incident involving tear gas be reported?
Within 24 hours, the deploying agency must file a detailed report with the State Police Oversight Committee, including circumstances, warnings given, and the quantity of agent used.
Are there any health‑risk disclosures required on tear‑gas containers?
Yes. All containers must display the active ingredient, concentration, expiration date, and a health‑risk warning, as stipulated by the Maryland Health Department regulations.