25-10-2.1. Use of fireworks and consumer fireworks while under the influence; violation.

It shall be unlawful for any person to ignite consumer fireworks or fireworks while:#

1. (1)

   Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for such person to ignite consumer fireworks or fireworks; or#

2. (2)

   Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in such person’s blood or urine, or both, including the metabolites and derivatives of each or both, without regard to whether or not any alcohol is present in such person’s breath or blood.#

The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of igniting consumer fireworks or fireworks safely as a result of using a drug other than alcohol which such person is legally entitled to use.#

Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor.#