The federal government will contest an injunction that allows people to continue to grow medical marijuana while a full legal challenge plays out in the courts.
It is the latest salvo in a series of legal actions over how the government administers its medical pot program.
Earlier this month, Federal Court Judge Michael Manson ruled that patients currently licensed to grow their own marijuana would be permitted to produce the drug even after new regulations banning the practice take effect Tuesday.
The judge granted an application from medical marijuana patients seeking a temporary injunction to preserve the status quo until their constitutional challenge of the new system could be heard.
The government said Monday it will ask the Federal Court of Appeal to overturn the injunction.
Under the existing federal program, thousands of people have licences to cultivate marijuana for personal use to help ease painful symptoms of conditions such as diabetes and multiple sclerosis.