Infant Removed from Home Over Medical Marijuana

Child Protective Services in Michigan took 6-month-old, Bree Green, from her home simply because her mother was a medical marijuana caregiver. As a medical marijuana caregiver, Maria Green is allowed by law to grow or acquire marijuana for use by authorized patients. Her husband, Steve Green, uses this medical marijuana to treat his epilepsy.

According to the Michigan Medical Marijuana Act, no person can be denied custody for acting in accordance with the act—unless they are a danger to the minor.

It all started with Maria's ex-husband filed a complaint with CPS regarding the medical marijuana. CPS sprang into action and removed the child. Ingham County Family Court Referee Rod Porter even upheld the removal because he said it was dangerous for children to be in a home with marijuana because it could attract armed robbers.

"By the same logic, the state should take away the children of parents who reside in high crime areas because they might be put in danger from criminal elements."

                                                                   ---Kris Hermes, Americans for Safe Access

When the Green's requested a hearing to reconsider Bree's removal, Family Court Judge Richard J. Garcia upheld Porter's decision. The baby is now currently living with Maria's mother—over 140 miles away--and the Green's have weekly visitation.

This is sad news for medical marijuana patients and activists everywhere. According to Americans for Safe Access, these types of child custody issues still exist in part because of a bias against medical marijuana patients that are held by CPS workers, judges, and prosecutors.