1. (1) Terms defined in Sections 76-1-101.5, 76-11-101, and 76-11-201 apply to this section.

2. (2) An actor commits carrying a dangerous weapon while under the influence of alcohol or drugs if the actor:

   1. (a) carries a dangerous weapon that is readily accessible by the actor for immediate use; and

   2. (b) is under the influence of:

      1. (i) alcohol as determined by the actor's blood or breath alcohol concentration in accordance with Subsections 41-6a-502(1)(a) through (c); or
      2. (ii) a controlled substance as defined in Section 58-37-101.
3. (3) A violation of Subsection (2) is a class B misdemeanor.

4. (4) This section does not apply to:

   1. (a) an actor who uses or threatens to use force in compliance with Section 76-2-402;
   2. (b) 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;
   3. (c) an actor under the influence of cannabis or a cannabis product, as those terms are defined in Section 26B-4-201, if the actor's use of the cannabis or cannabis product complies with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or

   4. (d) an actor who:

      1. (i) has a valid prescription for a controlled substance;
      2. (ii) takes the controlled substance described in Subsection (4)(d)(i) as prescribed; and

      3. (iii) after taking the controlled substance, the actor:

         1. (A) is not a danger to the actor or another individual; or
         2. (B) is capable of safely handling a dangerous weapon.

5. (5) It is not a defense to prosecution under this section that the actor:

   1. (a) is licensed in the pursuit of wildlife of any kind;
   2. (b) has a concealed carry permit as described in Section 53-5a-303;
   3. (c) has a provisional concealed carry permit as described in Section 53-5a-304;
   4. (d) has a temporary concealed carry permit issued under Section 53-5a-305;
   5. (e) has a concealed carry permit lawfully issued by or in another state; or
   6. (f) 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.

Amended by Chapter 362, 2026 General Session