According to Colorado state law it is a crime for a person under the influance of a controlled substance to posess a firearm. What if a person is taking perscription medication that is a class III controlled substance? Would they be considered "under the influance" and therefore be commiting a crime if they were carrying?

According to Colorado state law it is a crime for a person under the influance of a controlled substance to posess a firearm. What if a person is taking perscription medication that is a class III controlled substance? Would they be considered "under the influance" and therefore be commiting a crime if they were carrying?

As was explained to me by a cop friend, "under the influence" when carrying is often an officer discretion thing--if the substance is alcohol, they generally use the BAC standards that the state has set for driving a motor vehicle. If the substance isn't alcohol, it's up to the individual officer to determine if you are under the influence of the substance.

Merely using the substance doesn't necessarily place you under its influence, but if the officer thinks you are, and thinks he can make the case that you were, then yes, you could be committing a crime by carrying while under that influence. Back to alcohol, the way our carry laws are written, you may carry concealed in a bar; you may even carry concealed while drinking. Have too many, and you're committing a crime, though.

Trying to read between the lines, I got out of his explanation that if you're too "influenced" to be driving, you're too "influenced" to be carrying.

Trying to read between the lines, I got out of his explanation that if you're too "influenced" to be driving, you're too "influenced" to be carrying.

In MN it's actually spelled out. The max BAC for driving is .08, the max BAC for carrying is .04. Of course you can be arrested for less if you appear to be under the influence.

As was explained to me by a cop friend, "under the influence" when carrying is often an officer discretion thing--

Think of it like this when an uber cool crew like mine is involved. Get caught DUI and have a firearm in the vehicle, it's more than likely not going to be a big deal and probably won't even be mentioned. But to shoot stuff up while under the influence in a manner that's considered grotesque then we're going to spend time researching laws to see exactly what the state legislators had in mind when it came to firearms laws:grinpimp:

Your mileage will vary with the previous paragraph based on location, agency, sense of humor of officer involved and weather conditions:D

weather conditions:D

:laughing:

According to Colorado state law it is a crime for a person under the influance of a controlled substance to posess a firearm. What if a person is taking perscription medication that is a class III controlled substance? Would they be considered "under the influance" and therefore be commiting a crime if they were carrying?

Depends on whether or not they are in the theraputic level and constaints on the RX when issued. You can be DUI on your RX'd meds.....in most EVERY state.

Depends on whether or not they are in the theraputic level and constaints on the RX when issued. You can be DUI on your RX'd meds.....in most EVERY state.

What is "in the theraputic level and constaints"?

According to Colorado state law it is a crime for a person under the influance of a controlled substance to posess a firearm. What if a person is taking perscription medication that is a class III controlled substance? Would they be considered "under the influance" and therefore be commiting a crime if they were carrying?

I would say under the law. Yes...they are committing a crime. Realistically, I don't think too may thinking LEOs would arrest someone for it if that was the sole charge and the person appeared cognizant or clearheaded.

What is "in the theraputic level and constaints"?

Taken strictly per the RX and within its guidelines. No operating heavy machinery and such type warning. You need a Physician's desk reference or a Basalt's Toxicology to get the blood levels. Boring stuff.