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HB-5388, As Passed House, April 29, 2026
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HOUSE BILL NO. 5388
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 224d (MCL 750.224d), as amended by 2018 PA 98.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 224d. (1) As used in this section and section 224, "self-1
defense spray or foam device" means a device to which all of the 2
following apply: 3
(a) The device is capable of carrying, and ejects, releases, 4
or emits 1 of the following: 5
(i) Not more than 35 grams of any combination of 6
December 16, 2025, Introduced by Reps. Slagh, Pavlov, St. Germaine, Kunse and Roth and
referred to Committee on Judiciary.
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orthochlorobenzalmalononitrile and inert ingredients. 1
(ii) A solution containing not more than 18% oleoresin 2
capsicum. 3
(iii) A solution containing an ultraviolet dye and not more than 4
18% oleoresin capsicum. 5
(iv) A solution containing not more than 8% chlorobenzylidene 6
malononitrile and 1% nonenamide. 7
(b) The device does not eject, release, or emit any gas or 8
substance that will temporarily or permanently disable, 9
incapacitate, injure, or harm a person with whom the gas or 10
substance comes in contact, other than the substance described in 11
subdivision (a)(i), (ii), or (iii), or (iv). 12
(2) Except as otherwise provided in this section, a person who 13
uses a self-defense spray or foam device to eject, release, or emit 14
orthochlorobenzalmalononitrile, or oleoresin capsicum, 15
chlorobenzylidene malononitrile, or nonenamide at another person is 16
guilty of a misdemeanor, punishable by imprisonment for not more 17
than 2 years, or a fine of not more than $2,000.00, or both. 18
(3) If a person uses a self-defense spray or foam device 19
during the commission of a crime to eject, release, or emit 20
orthochlorobenzalmalononitrile, or oleoresin capsicum, 21
chlorobenzylidene malononitrile, or nonenamide or threatens to use 22
a self-defense spray or foam device during the commission of a 23
crime to temporarily or permanently disable another person, the 24
judge who imposes sentence upon a conviction for that crime shall 25
consider the defendant's use or threatened use of the self-defense 26
spray or foam device as a reason for enhancing the sentence. 27
(4) A person shall not sell a self-defense spray or foam device 28
to a minor. A person who violates this subsection is guilty of a 29
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SCS H04176'25_HB5388_APH_1 s9eka3
misdemeanor punishable by imprisonment for not more than 90 days or 1
a fine of not more than $500.00, or both. 2
(5) Subsection (2) does not prohibit either of the following: 3
(a) The reasonable use of a self-defense spray or foam device 4
containing not more than 18% oleoresin capsicum or 8% 5
chlorobenzylidene malononitrile and 1% nonenamide by a person who 6
is employed by a county sheriff or a chief of police and who is 7
authorized in writing by the county sheriff or chief of police to 8
carry and use a self-defense spray or foam device and has been 9
trained in the use, effects, and risks of the device, while in 10
performance of his or her official the person's duties. 11
(b) The reasonable use of either of the following by a person 12
in the protection of a person or property under circumstances that 13
would justify the person's use of physical force: 14
(i) A self-defense spray or foam device containing not more 15
than 18% oleoresin capsicum. 16
(ii) A self-defense spray or foam device containing an 17
ultraviolet dye and not more than 18% oleoresin capsicum. 18
(iii) A self-defense spray or foam device containing not more 19
than 8% chlorobenzylidene malononitrile and 1% nonenamide. 20
Enacting section 1. This amendatory act takes effect 90 days 21
after the date it is enacted into law. 22