76-11-217. Carrying a dangerous weapon while under the influence of alcohol or drugs.
(1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-11-101 76-11-201
(2) An actor commits carrying a dangerous weapon while under the influence of alcohol or drugs if the actor: carries a dangerous weapon that is readily accessible by the actor for immediate use; and is under the influence of: alcohol as determined by the actor's blood or breath alcohol concentration in accordance with Subsectionsthrough; or 41-6a-502(1)(a) (c) a controlled substance as defined in Section. 58-37-101
(3) A violation of Subsectionis a class B misdemeanor. (2)
(4) This section does not apply to: an actor who uses or threatens to use force in compliance with Section; 76-2-402 an actor carrying a dangerous weapon in the actor's residence or the residence of another individual with the consent of the individual who is lawfully in possession of the residence; an actor under the influence of cannabis or a cannabis product, as those terms are defined in Section, if the actor's use of the cannabis or cannabis product complies with; or 26B-4-201 Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis an actor who: has a valid prescription for a controlled substance; takes the controlled substance described in Subsectionas prescribed; and (4)(d)(i) after taking the controlled substance, the actor: is not a danger to the actor or another individual; or is capable of safely handling a dangerous weapon.
(5) It is not a defense to prosecution under this section that the actor: is licensed in the pursuit of wildlife of any kind; has a concealed carry permit as described in Section; 53-5a-303 has a provisional concealed carry permit as described in Section; 53-5a-304 has a temporary concealed carry permit issued under Section; 53-5a-305 has a concealed carry permit lawfully issued by or in another state; or is 21 years old or older and may otherwise lawfully possess a concealed loaded firearm without a concealed carry permit as described in Section. 53-5a-101.5