Section 528 – Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.

• (1) It is a class B misdemeanor for an actor to carry a dangerous weapon while under the influence of:
  • (a) alcohol as determined by the actor’s blood or breath alcohol concentration in accordance with Subsections 41-6a-502(1)(a) through (c); or
  • (b) a controlled substance as defined in Section 58-37-2.

• (2) This section does not apply to:
  • (a) an actor carrying a dangerous weapon that is either securely encased, as defined in this part, or not within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person;
  • (b) an actor who uses or threatens to use force in compliance with Section 76-2-402;
  • (c) an actor carrying a dangerous weapon in the actor’s residence or the residence of another with the consent of the individual who is lawfully in possession;
  • (d) an actor under the influence of cannabis or a cannabis product, as those terms are defined in Section 26-61a-102, if the actor’s use of the cannabis or cannabis product complies with Title 26, Chapter 61a, Utah Medical Cannabis Act; or
  • (e) an actor who:
    • (i) has a valid prescription for a medication approved by the federal Food and Drug Administration for the treatment of attention deficit disorder or attention deficit hyperactivity disorder; and
    • (ii) takes the medication described in Subsection (2)(e)(i) as prescribed.

• (3) It is not a defense to prosecution under this section that the actor:
  • (a) is licensed in the pursuit of wildlife of any kind; or
  • (b) has a valid permit to carry a concealed firearm.

Amended by Chapter 159, 2022 General Session