Sorry, forgot the second part of your question. This will actually wind up having to be challenged under state law but there is already a SCOTUS decision on marijuana influence. It is interesting to say the least. People v. Feezel, No. 138031 (Mich. June 8, 2010).
THC Not a Controlled Substance
11-Carboxy-THC is not a controlled substance.
Defendant was driving a car when he was involved in a fatal crash. His BAC at the time of the accident was an estimated 0.091 to 0.115 and there were also 6 nanograms of 11-carboxy-THC in his blood. One of the charges brought against him was OWPD (operating with the presence of drugs) causing death. 11-Carboxy-THC is a byproduct of metabolism created when the body breaks down the psychoactive ingredient of marijuana. Under previous case law, a person who operated a motor vehicle with the presence of any amount of 11-carboxy-THC in his or her system violated MCL 257.625(
which is the OWPD law.
The Michigan Supreme Court reversed the previous holding.
The court held that 11-carboxy-THC is not a schedule 1 controlled substance and,
therefore, a person cannot be prosecuted under MCL 257.625(
for operating a motor vehicle with any amount of 11-carboxy-THC in his or her system. For the OWPD charge, lab results should indicate THC levels in the defendant’s blood.
(bold my emphasis)
According to this decision; how can you be charged for being under the influence of a controlled substance while armed when it has been ruled that THC is not a controlled substance?
So...IMHO... you can be stoned to the bone and no charges should be filed with this SCOTUS ruling.