carrying while under a different influence

[JCC]

I know if you are carrying while drinking alcohol, that is a no no. My understanding is any alcohol at all. What about marijuana? I know it is not legalized or decriminalized in Texas. Maybe one day it will be. I do not partake, but know someone that does on a regular basis. Not to the point of being stoned or incapacitated by any means. They would have it in their system if drug tested and may even have a very small quantity on them if stopped. Not sure what the law is on this, but am curious if it falls under the same as alcohol.

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[baboon]

My guess getting caught high on anything while carrying is going to turn out badly. I would also think the cops might look into getting a search warrant for someone stoned .vs drunk!

 

[EZ-E]

If you have an LTC, you ar not to commit any crimes while carrying. Since weed is illegal, then your are breaking the law. I guess it would depend on the LEO pulling you over on how he handled any violations.

 

[Big Dipper]

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.

GC §411.171. DEFINITIONS.
(6) “Intoxicated” has the meaning assigned by Section 49.01, Penal Code.


PC §49.01. DEFINITIONS.
In this chapter:
(1) “Alcohol concentration” means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or (C) 67 milliliters of urine.
(2) “Intoxicated” means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.

 

[txinvestigator]

It is not true that any alcohol is a violation. As you can see above, intoxication by alcohol, a controlled substance or drug or any substance, or combination is a violation.

 

[ZX9RCAM]

So, one can have drugs in their system, but if not intoxicated by definition, it's legal?

 

[JCC]

Who decides if someone is intoxicated? BAC or impairment when a field sobriety test is failed.

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[ZX9RCAM]

Who decides if someone is intoxicated? BAC or impairment when a field sobriety test is failed.

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Are you talking about alcohol?
It's pretty clear.

 

[Sam Colt]

This is one of those cases where arguing about semantics is interesting but not relevant.

Every bullet leaves your gun with a lawyer attached. Don't make bad choices. Rationalizing will not be admissable in court.

 

[txinvestigator]

So, one can have drugs in their system, but if not intoxicated by definition, it's legal?

Well, we are strictly speaking of the offense of Unlawful Carry by a License Holder, Intoxication. So yes, you are correct.

There are, of course, other offenses that having drugs in one's system might be.

 

[JCC]

I think my main question is if someone is carrying, is found to have pot in their system or has pot ok them would get in as much trouble as drinking while carrying.

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[Charlie]

One shouldn't be in trouble drinking while (or before) driving. The law is specifically addressing intoxication.

 

[Gilbertc13]

I think my main question is if someone is carrying, is found to have pot in their system or has pot ok them would get in as much trouble as drinking while carrying.

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I am sitting in traffic right now so I can’t look up the penal code but carrying while committing any sort of crime is illegal and will land an additional charge and revocation of LTC. At least that’s how I understand it


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[Charlie]

OP needs to hire a lawyer and pay him/her to get the answer OP wants.

 

[JCC]

The reason for my question was more of an answer to a debate I have with the person I know who partakes in marijuana and occasionally carries a firearm under LTC. I understand that marijuana is not legal nor decriminalized in Texas.

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[candcallen]

Some things are just stupid.

Like say dropping your pants to your ankles and sticking your naked and lubed up ars thru a hole in a fence with a gay nightclub on the other side and you dont share their lifestyle choices.

You might just get cold ass cheeks. Or it might be uneventful boring with no negative consequences other than confirming to the world you rate high on the all time stupid lists.

It could go very wrong and your going to have a hard time complaining about being ars raped cause you created the situation.

Carrying while impaired in any way with make you the loser on any judgement calls by prosecution or Grand Jury. It may not matter at all in the end with it being clearly a justified act of self defense. There may be grey area questions and you have screwed yourself.

Still it's a free country as far as I'm concerned so you do what you think is best.

 

[Charlie]

Tell him to get an attorney on retainer! The majority of people on forums answer based on their experiences or shit they just think is right. One never knows how a visit to a court will turn out.

 

[x12aesq]

I am sitting in traffic right now so I can’t look up the penal code but carrying while committing any sort of crime is illegal and will land an additional charge and revocation of LTC. At least that’s how I understand it

Penal Code 46.02.

Health and Safety Code 481.121 makes possession of marijuana an offense.

Texas Penal Code 46.02 (a-1) (A) makes carrying a handgun while engaging in criminal activity an offense.

 

[txinvestigator]

Penal Code 46.02.

Health and Safety Code 481.121 makes possession of marijuana an offense.

Texas Penal Code 46.02 (a-1) (A) makes carrying a handgun while engaging in criminal activity an offense.

No, it doesn't. It means that if you do not have an LTC and are carrying in a vehicle or watercraft you lose the non-applicability under 46.02 and can be charged under UCW.

Does not apply to carry under an LTC.

 

[Charlie]

Meaning, I think, that if someone is under the influence it doesn't make a rat's ass what "license" you may have.