WENATCHEE, Wash. (AP) — Whether cities in Washington state can ban marijuana businesses is the subject of new lawsuit.

SMP Retail is a company that hopes to open a state licensed pot shop in Wenatchee under Initiative 502. But that city is one of a several cities in the state that say they won’t allow such businesses.

Washington Attorney General Bob Ferguson says he believes cities do have the authority to issue such bans. But SMP’s lawyer, Hilary Bricken, disagrees.

In a lawsuit filed Tuesday in Chelan County Superior Court, Bricken argues that cities don’t have the authority to overrule state law and state law allows for the licensed and taxed production and sale of marijuana.

The lawsuit seeks an order from the court finding that Wenatchee’s ban is invalid or allowing SMP Retail to open without a city business license.

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 This material may not be published, broadcast, rewritten or redistributed.

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