Florida’s agriculture commissioner is appealing a recent federal judge’s order dismissing a lawsuit she and other plaintiffs filed challenging a prohibition against medical marijuana patients purchasing firearms.

Commissioner of Agriculture and Consumer Services Nikki Fried’s office said she filed a request with the 11th Circuit Court of Appeals to overturn a decision by district Judge Allen Winsor. The district judge dismissed her lawsuit against the U.S. Department of Justice and Bureau of Alcohol, Tobacco, Firearms and Explosives over federal cannabis policies.

Currently, federal policies ban Florida residents from buying firearms if they are medical cannabis patients. Under Florida law, residents can legally purchase marijuana for treatment of medical ailments, but Winsor issued an order Nov. 4 concluding that the Second Amendment does not allow medical marijuana users to buy firearms.

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