Bree Green is Home!

Posted by on Nov 2, 2013 in Blog | 0 comments

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

Maria & Steve Green

Maria and Steve Green fighting for Bree’s return. Photo credit Jay Scott Smith/MLive.

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 through.

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