Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 234 - NEW

Current through June 11, 2024
1. Each taxpayer shall, on or before the last
				day of the month immediately following each month for which the taxpayer is
				subject to the imposition of the excise tax on marijuana, file with the
				Department a return on a form prescribed by the Department and remit to the
				Department any tax due for the month covered by the return. Each such taxpayer
				shall file a return even if the taxpayer has no liability for the
				tax.
2. Each taxpayer shall pay the
				excise tax on marijuana to the Department upon the first sale of marijuana or
				marijuana products to a marijuana cultivation facility, marijuana product
				manufacturing facility, retail marijuana store or a consumer.
3. If a marijuana cultivation facility sells
				marijuana to another marijuana cultivation facility and pays to the Department
				the excise tax imposed by
				NRS
				453D.500 on the sale, the excise tax imposed
				by NRS
				453D.500 is not required for any subsequent
				wholesale sale of that marijuana.
4. Each marijuana cultivation facility and
				retail marijuana store shall keep all supporting documentation for verification
				that the excise tax imposed by
				NRS
				453D.500 was paid on the first wholesale sale
				of marijuana.
5. The Department may
				require a marijuana establishment to submit a financial statement as determined
				to be necessary by the Department to ensure the collection of any taxes which
				may be owed by the marijuana establishment.
6. The Department will calculate the fair
				market value at wholesale using the reported sales or transfer of marijuana in
				each category of marijuana described in this subsection using the methodology
				described in paragraphs (a) to (f), inclusive. The fair market value at
				wholesale of:
(a) Marijuana bud must be
				calculated on the basis of the total weight of all marijuana bud that is sold,
				excluding the inadvertent inclusion of an inconsequential amount of marijuana
				bud in a sale of marijuana trim.
(b) Marijuana trim must be calculated on the
				basis of the total weight of all marijuana trim that is sold, including the
				total weight of an inconsequential amount of marijuana bud which is
				inadvertently included.
(c)
				Immature marijuana plants must be calculated on the basis of the total number
				of immature marijuana plants sold.
(d) Whole wet marijuana plants must be
				calculated on the basis of the total weight of the entire whole wet marijuana
				plant. A marijuana cultivation facility shall maintain records of the time each
				batch containing whole wet marijuana plants is harvested and weighed which
				contain the weight of each plant, are in writing and are created
				contemporaneously with the harvesting and weighing. To determine the total
				weight of the whole wet marijuana plant:
(1)
				The plant must not undergo any further processing, including, without
				limitation, drying the plant and subsequently selling separately the marijuana
				bud and marijuana trim from the plant, before being weighed; and
(2) The plant must be weighed within 2 hours
				after the harvesting of the batch containing the plant and without any further
				processing of the plant, including, without limitation, increasing the ambient
				temperature of the room in which the plant is held or drying, curing or
				trimming the plant. If the whole wet marijuana plant is not weighed within 2
				hours after the harvest of the batch containing the plant or is subjected to
				further processing, the fair market value at wholesale of the plant must not be
				calculated using this paragraph and must be calculated using paragraph (a) or
				(b).
(e) Marijuana seeds
				must be calculated on the basis of the total number of seeds sold.
(f) Any other category of marijuana must be
				determined by the Department on a case-by-case basis.