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New Challenges In Court Case To Return Baby Taken From Medical Marijuana Patients


dea kids children medical marijuanaBaby Bree’s drug test returns a positive result for marijuana; at 0.3 picograms, test could be “a false positive,” says attorney

LANSING- on Friday, Steve and Maria Green were back in court to secure the return of their infant child Brielle from Child Protective Services. Known as Baby Bree, the little girl was removed from the Green home for reasons related to her parent’s registered participation in Michigan’s medical marijuana program. Baby Bree’s drug test has come back positive for trace elements of cannabis in her hair follicle, and her return to the parents that love her just became much more complicated.

The decision by Judge Richard Garcia was reported in the Lansing City Pulse. Earlier in the week, Oakland County Judge Bowman dismissed all charges against Steve and Maria for their cultivation of cannabis based on Steve’s indisputable evidence of his ongoing struggle with epilepsy and other illnesses. Since most of the Lansing-based CPS case against them was predicated on the felony charges of manufacturing marijuana from Oakland County, the Greens were optimistic that their custody fight would be over soon.

“We were ready for a jury trial on Monday so that we can get our baby back and they just played more games,” Steve Green told the City Pulse. “We are very disappointed.”

Through their attorney, Joshua Covert, the Greens announced that they would seek their own drug test on Baby Bree. He added that the Greens were confident they had not smoked around their child and that machine errors in a sample that small could result in a false reading of positive.

The Ingham County Prosecutor’s Office will call expert witnesses in the October 28th trial, and they will “add the test results to the allegations against the Greens,” per the City Pulse.

The results show 0.3 picograms of cannabis in Bree’s hair follicle. A picogram is one trillionth of a gram. One red blood cell weighs 27 picograms. Numerically, this represents as:

0.000000000000003 kg

Websites from drug testing companies claim the minimum threshold at which they can detect THC is 0.3 picograms, and they normally do not report results under 1 picogram.  THC metabolites, called THC-COOH, can be detected at 0.1 picogram in hair follicles.

Drivers in Washington State have a 5 nanogram/ml standard for driving impairment. In Colorado, a 5 nanogram/ml  permissible inference limit is the law. If correct, Baby Bree’s test reveals a 0.0003 nanogram test result.

The presence of any amount of a Schedule 1 substance in a child is sufficient to trigger certain actions by Child Protective Services.

You can support the Green Family Legal Defense Fund by clicking on the link below:


Source: The Compassion Chronicles


About Author

"Rick Thompson was the Editor in Chief for the entire 2-year run of the Michigan Medical Marijuana Magazine, was the spokesman for the Michigan Association of Compassion Centers and is the current Editor and Lead Blogger for The Compassion Chronicles. Rick has addressed committees in both the House and Senate, has authored over 200 articles on marijuana and is a professional photographer." Rick Thompson Is An Author At The Compassion Chronicles and focuses on all things Michigan.


  1. “The science demonstrates that cannabinoid receptor activation (i.e.
    CB1 and CB2 receptors) is a natural and important component for proper
    development. Mammals, including humans, produce endocannabinoids, which
    are THC-like compounds. These THC-like compounds include anandamide and
    2-AG. Anandamide and 2-AG activate the same receptors as THC, and are found in bovine and human breast milk.”(http://www.freedomis…nd-development/)

    “Outside the brain, anandamide acts as a chemical messenger between
    the embryo and uterus during implantation of the embryo in the uterine
    wall. As such, it’s one of the first communications that occurs between
    mother and child.” (http://antoine.frost…nandamide.shtml)

    Thanks mom for getting me high and keeping me high until I got big and learned to handle it on my own. Luvyoo.

  2. Cannabinoids are present in breast milk, naturally, in women that have never used cannabis. And some serious thought should be put into “prove harm”on the part of the Green’s attorney.
    Drinking water kills more people in a single month than cannabis has killed since its first documented use, 5000 years ago.

    Hope they are testing for the individual cannabinoids that make someone “high” where all the “harm” is alleged to occur.

    Man so many holes in CPS’s claims. Swiss cheese factory for any decent attorney.

  3. what about air pollution from the millions of cars on the road daily ?? THAT is poison NOT cannbinoids . .what a bunch of dickheads

  4. Your appreciation is appreciated. I don’t know how to “like” someone’s comment (I don’t see directions on how to do that or what it means), but I’m going to assume that it’s a good thing :)

  5. Perhaps CPS should start testing for nicotine and alcohol too, because even though they are legal, they can be toxic for kids. Does your child have asthma and you smoke cigs? Sorry, we’re taking your kids. Does your kid have juvenile diabetes and you have soda and candy in the house? Sorry, unsafe home. Do they take children away from their parents if they have a mouthful of cavities or are obese? If the child is healthy and happy, WTF?

  6. You know for so many courts complaining about overcrowded dockets they really are going out of their way to ruin this families life.

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