On July 27, 2015, the Michigan Supreme Court published its opinion on Hartwick. In that opinion, the Court clarified that a defendant must prove their affirmative defense under § 8 of the MMMA by a preponderance of the evidence, a standard which had not previously been formally established. The Court then restated the first element which the defendant must prove to establish a § 8 defense and distilled from it three elements: 1) the existence of a bona fide physician-patient relationship 2)
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