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.