Having pepper spray or a spray can of teargas at home or on the public road, is not permitted. This object resorts under the Firearm Regulation 1930, namely a "Weapon intended for spreading toxic, asphyxiating or inhibitive gases". In article 1 of the Firearm Regulation such weapons are equated with firearms. The maximum prison sentence, which can be imposed, is four years.
In the past a change of the Firearm Regulation was proposed in the sense that possessing pepper spray under certain conditions would no longer be punishable. The proposal (up to date) has not been achieved.