Though police in the US use it on people, it is illegal for soldiers to use it in war because it is considered barbaric and such use violates international treaties about warfare.
This is somewhat disputed and is a result of the wording of the geneva convention, that bans asphyxiating, poisonous and other gases from being used for purposes of waging war on other people.
'Law enforcement' is not subject to the geneva convention and supporters of law and war will always maintain that there are several differences bteween the two categories and their purpose, which then is why the discrepancy in the rules regarding the methods made sense. It appears tho that it is a common misconception, that 'war' by nature ought to be more brutal than 'law enforcement'.
People whose ancestors ate the peppers for thousands of years may also have a greater natural tolerance to the alkaloid and some people may be particularly sensitive.
Oddly there are reports that people of different ethnicity may experience the burn of some specimens of Capsicum pubescens differently.
I highly doubt this. It may be common knowledge that a certain share of the general population does not feel the effects of caspaicine exposure, at all. This incoudes being maced. Some estimates claim 1/100. There is reports of pepper spray completely failing on sober people. AFAIK this has not been shown to be an inherited trait.
Logic behind me doubting this: For a population to evolve this way there must be a selective advantage. I can not see any. Unlike for example birds who are said to be immune to caspaicine (which is actually claimed to be the advantage the pepper has from producing it in the first place) or other birds who can tolerate inhuman blood alcohol levels, because being able to consume fallen, fermented fruit is a significant advantage to them.
Anecdotal evidence: I remember this idea being put to the test with a small sample size of individuals and ethnicities purely for its entertainment value. The result was that those who, on an individual level, are most used to consume super hots, *shocker* have the easiest time consuming super hots. And if I look at myself for example, I know I eath rather hot by the fact that I dont know anyone, even when visiting sichuan and yunan, who likes to eat as hot as I do and commercially available but niche super hot sauces are probably a good benchmark too, regarding what is considered at least above average taste for heat. I am very sure that none of my ancestors ate hot foods, perhaps not even any. No one in my family enjoys hot food either. Some are badly affected by it.
I'll attach a picture of the stem of my container growing ~ 10 yo C Pubescens as this thread is devoid of pictures. If I only was into the bonsai thing. Just got done watering her. ... YIKES! Anyone else getting 'attachement failed security checks'?