Posts by sara

Michigan SB736: Bad for Parents

Posted in Blog

Michigan SB736: Bad for Parents

In Michigan, State Senator Rick Jones has introduced SB736.  The text in summary: Michigan parents who are also medical marijuana patients should be investigated and determined by CPS and/or family court whether they can actually parent, required to release their medical records in perpetuity, forced into a medical evaluation by a court-appointed doctor, and be forced to stop cannabis medication or be constantly watched if allowed to remain a patient (as well as “any other order necessary”).  Full text of the bill is here. Most of the parts of SB736 line up with what already exists in Michigan laws and policies about CPS and medical marijuana (see: our state profile).  Which is to say, it is already true that medical marijuana patient parents are investigated to determine if they are non-neglectful and non-abusive (or at future risk of such), forced to stop their medication in the context of a service plan, etc.  There just hasn’t been an attempt to codify it in quite this manner and to this extent. This has a history.  State Senator Rick Jones made an inquiry to AG Schuette on application of the protections in the Michigan Medical Marihuana Act to CPS proceedings, about which an advisory opinion was released in May 2013.  That opinion didn’t have the force of law, but can be considered by courts deciding novel legal issues.  Evidently this legislator took it upon himself to introduce a bill on the basis of some the answers he received from AG Schuette; answers which largely equated to Michigan’s parent-protective provision not really providing much protection. However, State Senator Jones actually goes against parts of the opinion.  The Attorney General  does not give room for a family court doctor giving their take on a patient’s status — CPS and juvenile court may not determine who is a patient or a caregiver.  It also seems as if he is attempting to reduce the burden of proof and evidence required to determine if a parent’s behavior poses an unreasonable danger to the child.  Additionally, since medical marijuana is against federal law, it cannot be prescribed as it erroneously states in the text of SB736.  Medical marijuana can only be recommended by qualifying physicians in any state which has an active medical marijuana program.   Keep in mind this bill was only just introduced, and has a long way to go before it passes anything, much less becomes law.  I would urge Michigan residents whose State Senators are on the Judiciary Committee to contact them and ask them to oppose this...

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Bree Green is Home!

Posted in Blog

Bree Green is Home!

On Friday, November 22, eight-month-old Brielle “Bree” Green was returned to the home of her loving parents, Steve and Maria Green.  Bree was removed from her family home in Lansing six weeks earlier by Michigan DHS for the ” danger” of her parents’ medical marijuana use.  The Greens were (and are) legal medical cannabis patients for Steve’s epilepsy and Maria’s multiple sclerosis, and Maria was a legally registered caregiver allowed to cultivate at home for her husband and five cancer patients.  Maria was still breastfeeding her baby girl. In Michigan, a parent  who is also a patient cannot be denied custody of their children “unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.”  According to state attorney referee Rob Porter,  any marijuana in the home is dangerous to children.  He emoted, “It is reasonable to assume that marijuana is being grown in that home with children being present, and that is dangerous for children to be involved in that situation.  We have homes being robbed at gunpoint – by individuals who know that children are at home.”  Mr. Porter did not mention nor comment on the parent-protective provision in the Michigan Medical Marijuana Act nor that homes are also robbed at gunpoint for flat-screen televisions, computers, and fine jewelry. Steve and Maria Green have been through a traumatic ordeal that was arguably illegal under state law.  They have faced criminal charges for legal cultivation activity, dirty tricks and lies over their medical marijuana use in a custody battle regarding an older child that led to Bree being taken into state custody, late notice of family court proceedings, court-required cessation of their legal medication resulting in the symptomatic return of their medical conditions including requiring Maria to need the use of a walker, and the high cost of both criminal and civil court. This family did nothing wrong, and as such, all criminal charges were dropped on October 3.  In a special hearing on October 22nd, the Greens agreed to attend parenting classes for thirty days and allow both themselves and Bree to be drug tested at regular intervals for the next month in return for Bree coming home with them.  If they meet all the parts of their agreement, some of which was not disclosed, Bree will be able to remain permanently in her family home.  They can also resume cultivating marijuana for patient use. Michigan did not prove there was a “danger” to Bree Green because such a danger never existed.  “I would die for Bree, but I don’t think I should have to choose that,” said Steve Green in an interview after court on October 22nd.  Nor should he.  The Green family is understandably just glad to have their daughter home, but under Michigan law — and simply what is right and just — Bree Green should have never been removed from her parents in the first place.   Let’s hope Michigan has learned from what they needlessly put the Green family...

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