charles, I would think there are legal as they are sold here on LI and they are not banned "per se". That said the follwoing could be used to make an arrest...... The possession by any person of the substance as specified in
section 265.04 is presumptive evidence of possessing such substance with
intent to use the same unlawfully against the person or property of
another if such person is not licensed or otherwise authorized to
possess such substance. The possession by any person of any dagger,
dirk, stiletto, dangerous knife or any other weapon, instrument,
appliance or substance designed, made or adapted for use primarily as a
weapon, is presumptive evidence of intent to use the same unlawfully
against another....
It is more a weapon than not and I think most courts would dismiss the case, but the right officer may feel it was a valid arrest.......