New rules were introduced earlier this year that prohibited home growing and instead shifted production to commercial operations, but a group of patients is challenging that regime.

Those patients won a court injunction earlier this year, allowing them to continue growing their own marijuana at least until their case is decided next year.

The government appealed, but the patients’ lawyer, Kirk Tousaw, says the Federal Court of Appeal has upheld the injunction.

A three-judge appeal panel has also ordered the Federal Court to clarify the terms of the injunction, which leaves out certain patients.