A judge has ordered the state of Illinois to expand the qualifying conditions for medical marijuana use to include incurable pain.

The order issued Tuesday by a Cook County Circuit Judge seeks to overturn a decision by the state Department of Public Health rejecting pain that’s resistant to treatment as a qualifier for medical marijuana use.

Last year, Department Director Dr. Nirav Shah cited a “lack of high-quality data” as a reason for denying a recommendation by the now-defunct Illinois Medical Cannabis Advisory Board for the decision.

A health department spokeswoman says that ruling will be appealed.

The ruling is the result of a lawsuit filed by a woman who says she has taken opioids to cope with extreme pain caused by arthritis but wants a treatment with fewer side effects.