UPDATE: 7:00 PM
A judge Friday ruled there was probable cause that a Lansing family broke the Michigan Medical Marihuana Act, putting their five children in danger.
Judge Richard Garcia said it was too soon to "get a grip" on the case, but upheld a referee's decision to keep an infant child in the custody of her grandmother and out of her parents' house.
"I haven't found this based on the preponderance of the evidence," he said. "It may be untrue, but as far as the purpose of today's hearing, I do find probable cause exists regarding these statements."
Both sides presented arguments over whether custody being returned to Steve and Maria Green is justified.
The prosecution argued that the Green's violated section 333.26424 of the Michigan Medical Marihuana Act which states a guardian may lose custody of a minor if "the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated."
The prosecution argued that danger exists, citing interviews with the other minor children, who described smoke, smell and other marijuana paraphernalia. And, the prosecution added when Child Protective Services showed up at the Green residence to investigate, they were denied access to rooms that may have helped affirm the children's well-being.
Maria Green says that denial was necessary, adding that allowing someone who didn't hold a medical marijuana license into those areas would itself violate the law.
But Green said her plants are safe behind a door secured with two locks, one out of reach of children.
"I'm confident in my house and my home and it's just an average house," she said. "It could be anybody's house. There's nothing here that makes it unique."
As for the accounts of her children, Maria Green says they are easily confused by products that deliver the effect of marijuana, but without the THC ingredient.
There was a silver lining for the Green family though. The judge ordered Steve and Maria to be able to see their daughter as many times as they'd like. Previously, they were only granted access one hour a day, three days a week.
The trial will resume in front of a jury October 7.