SEATTLE (AP) — The state attorney general’s office has asked a federal judge in Seattle to dismiss a lawsuit challenging Washington’s authority to tax marijuana sales.

In the motion Friday to U.S. District Judge Marsha Pechman, the state says Martin Nickerson failed to appeal the tax assessments in a timely manner and that the issue should be resolved in state court.

The case arises from the state’s attempt to collect sales taxes from a medical marijuana dispensary in Bellingham. Attorney Douglas Hiatt, who represents Nickerson, said it could throw a wrench in Washington’s plans for collecting taxes on recreational marijuana, too.

The lawsuit challenges Washington state’s authority to tax marijuana as long as marijuana remains illegal under federal law.

 

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

 

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