In a recent series of events that left a Lansing couple without their daughter, many are asking the same question, "How could this have happened?" In an article at Mlive on Sunday, Sept. 22, 2013, a similar question has been asked. Who is right?
Maria and Gordon Steven Green are living every parent's worst nightmare as they fight the State of Michigan over charges that led to the removal of their six-month old daughter, Baby Bree, from their Lansing home. Luckily, the baby is in the care of her grandmother, but as any new parent knows, it is not the same as having the baby at home, where she can bond with her parents in a healthy manner.
Maria became a medical marijuana caregiver in 2011, to help Gordon with his epileptic seizures. They learned that medical marijuana could slow or stop his seizures. He was taking 30 pills a day at that time. He received quick relief from the marijuana and went months without having a seizure.
Later, it came as a surprise when Child Protective Services (CPS) contacted Maria by phone, telling her they needed access into her house. She informed CPS that was not possible without a court order. Instead, CPS petitioned the courts to remove Baby Bree from her parents and took her away on Friday, Sept. 13, 2013.
Maria and Gordon are heartbroken. It was understood that if a person is legally allowed to handle medical marijuana and were following the laws, that person cannot face criminal prosecution, nor could CPS intervene, as long as any children in the home were taken care of.
Why was Baby Bree removed from her home? CPS alleges that because Maria is a medical marijuana caregiver, it puts her child in greater danger of possible break-ins, and robberies, making them a potential target for crime.
This information directly contradicts the Michigan Medical Marijuana Act. According to the MCL 333.26424, section 4, (b)(3), the law clearly states:
A person shall not be denied custody or visitation of a minor child 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.
If CPS removed Baby Bree because Maria was a caregiver, and there was only a possibility that they might become a target of crime, this does not sound like clearly articulated and substantiated evidence for child abuse or neglect. The truth is, if any person has marijuana in their home, whether they are growing it or not, they increase their chances of being broken into and their marijuana stolen.
Is the State of Michigan removing every child from every home that is licensed to possess medical marijuana? Are they removing all children from the homes of medical marijuana caregivers? Or, are they purposely targeting the Greens without considering what the law says?
#FreeBree! is correct. CPS, according to Michigan law, should return Baby Bree to her parents immediately.