7 LONG TITLE
8 General Description:
9 This bill concerns the offense of carrying a weapon while under the influence of drugs
10 or alcohol.
11 Highlighted Provisions:
12 This bill:
13 ▸ exempts an individual who is taking a medication prescribed for a certain medical
14 condition from the offense of carrying a weapon while under the influence of drugs
15 or alcohol; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 76-10-528, as last amended by Laws of Utah 2020, Chapter 12
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-10-528 is amended to read:
27 76-10-528. Carrying a dangerous weapon while under influence of alcohol or
28 drugs unlawful.
29 (1) It is a class B misdemeanor for [
30 while under the influence of:
31 (a) alcohol as determined by the [
32 in accordance with Subsections 41-6a-502(1)(a) through (c); or
33 (b) a controlled substance as defined in Section 58-37-2.
34 (2) This section does not apply to:
35 (a) [
36 defined in this part, or not within such close proximity and in such a manner that it can be
37 retrieved and used as readily as if carried on the person;
38 (b) [
40 (c) [
41 residence or the residence of another with the consent of the individual who is lawfully in
42 possession; [
43 (d) [
44 terms are defined in Section 26-61a-102, if the [
45 cannabis product complies with Title 26, Chapter 61a, Utah Medical Cannabis Act[
46 (e) an actor who:
47 (i) has a valid prescription for a medication approved by the federal Food and Drug
48 Administration for the treatment of attention deficit disorder or attention deficit hyperactivity
49 disorder; and
50 (ii) takes the medication described in Subsection (2)(e)(i) as prescribed.
51 (3) It is not a defense to prosecution under this section that the [
52 (a) is licensed in the pursuit of wildlife of any kind; or
53 (b) has a valid permit to carry a concealed firearm.