Couple fights to regain their daughter after officials remove her from home over medical marijuana

LANSING (WXYZ) - Seven-month-old Bree Green's room is all decorated in pink but to her parents, Steve and Maria Green, the most important part of the picture is missing: Bree.

"It was just, 'We're going to drive away in a car with your baby and you're not coming." Steve Green says. '"And that is just tearing someone's heart out."

The infant was removed by Child Protective Services from her Lansing home a month ago. Her father has epilepsy and has a medical marijuana registry identification card. Bree's mother is designated by the state to be his caregiver.

Josh Covert, with Nichols Law Firm in Lansing, is the family's attorney. He told 7 Action News several accusations were made by CPS,  alleging the parents had created a dangerous environment for the baby.

"They said because marijuana was grown in the home, you're more likely to be robbed," said Covert.  "If you're more likely to be robbed then the children are in danger."

There are also allegations that there was marijuana use in the Green's home.  Covert is questioning the basis in which CPS came to these conclusions.

"It's very clear in the Marijuana Act that custody cannot be removed from a parent unless there's an unreasonable danger that's being articulated and substantiated.  We don't think this is an unreasonable danger by any means," said Covert.

According to the Greens, when Steve had been using the medical marijuana, his wife had come up with unique ways for her husband to take it.

Maria told 7 Action News she would infuse it in brownies. Maria said she turned some cannabis into a concentrated oil to make pills.

"She went and got some gelatin capsules from the health food store and filled them up and took them into a lab and had them lab tested," said Steve.

Steve, who was diagnosed with epilepsy in 2006 and had been on eight different types of seizure medications, said the seizures and pain associated with them went away after using medical marijuana.

However, that changed when his daughter was taken away.

"I stopped using the medical marijuana and shortly after that I had eight more seizures," said Steve.

Maria fears the worst every time her husband has a seizure.

"She's mentioned it's like having me go into surgery and waiting in the waiting room," said Steve.  "Is he coming out?  Is it going to be okay?  But that happening at home."

"I feel like they are almost telling me that I need to make a choice between my husband health and life ultimately and having custody of my daughter," said Maria. "Those things should not be mutually exclusive."

The Greens are prepared to fight to regain custody.  They have also started a web site called FreeBabyBree.com.

Bree's parents have an upcoming trial but they say every day away from their baby is too much.

"She is growing pounds and inches and doing things she's never done before and those are all things that I'm missing," said Maria.

The Green's custody case will go to trail in two weeks on October 28th and 29th and expect within days to hear back from a jury of six as to whether will have custody of their daughter again.

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