This article was originally published on the Marijuana Patients Organization site on September 15, 2013.
While the Michigan Medical Marihuana Act clearly states no one will lose any rights as a caregiver or as a patient, a Lansing, MI judge determined that Steve and Maria Green are not allowed to have custody of their infant daughter Bree (Brielle) because they are licensed patients and caregivers.
A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.
Why did the Ingham County Family Court remove Bree?
Ingham County Court referee Rod Porter had said his concern was that the Greens’ home was ‘dangerous.’ He believed that marijuana was grown and consumed there, noting that Maria is a licensed caregiver.
“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,” said Porter, with obvious emotion. “We have homes being robbed at gunpoint by individuals who know that children are at home.”
Porter’s decision was influenced by a case where a two-year-old was shot and killed by her stepfather, a reference to the case of alleged cocaine dealer Lavar Burton during a home invasion in July 2010.
The guardian ad litem for baby Bree suggested to the court the couple keep the child in their home, unfortunately the judge disagreed and said that the mere presence of plants in the home is an endangerment to the child because of possibility of an armed robbery.
Lock your children and medical-marijuana from law enforcement. Enough is enough already.
If you would like to donate to the couples defense fund please visit the following link: http://www.gofundme.com/thegreenfamilydefensefund