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Index	Utah Code
Title 76	Utah Criminal Code
Chapter 11	Weapons
Part 2	General Weapons Violations
Section 217	Carrying a dangerous weapon while under the influence of alcohol or drugs. *(Effective 5/6/2026)*

Effective 5/6/2026
76-11-217. Carrying a dangerous weapon while under the influence of alcohol or drugs.

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

(2)

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

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

(b)

is under the influence of:

(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

(ii)	a controlled substance as defined in Section 58-37-101.

(3)	A violation of Subsection (2) is a class B misdemeanor.

(4)

This section does not apply to:

(a)	an actor who uses or threatens to use force in compliance with Section 76-2-402;

(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;

(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

(d)

an actor who:

(i)	has a valid prescription for a controlled substance;

(ii)	takes the controlled substance described in Subsection (4)(d)(i) as prescribed; and

(iii)

after taking the controlled substance, the actor:

(A)	is not a danger to the actor or another individual; or

(B)	is capable of safely handling a dangerous weapon.

(5)

It is not a defense to prosecution under this section that the actor:

(a)	is licensed in the pursuit of wildlife of any kind;

(b)	has a concealed carry permit as described in Section 53-5a-303;

(c)	has a provisional concealed carry permit as described in Section 53-5a-304;

(d)	has a temporary concealed carry permit issued under Section 53-5a-305;

(e)	has a concealed carry permit lawfully issued by or in another state; or

(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

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