Today, Montana Cannabis Industry Association (MTCIA) attorney, Jim Goetz, filed in Montana First Judicial District Court for a declaratory injunction and an alternative writ of mandamus requesting that the Court direct the Montana Department of Health and Human Services to begin the immediate processing and issuing medical marijuana patient cards.
The inadvertent transposition of the numbers in the effective dates is obviously a clerical error, also called a “scrivener’s error.” There is a body of case law recognizing such errors and providing for a remedy.
The filed brief provides several examples of Courts ruling against literal interpretations of law when the law’s intent is distorted by a clerical error.
Montanans voted for access. More than 10,000 patients, many seriously ill, have been without and are waiting.