Nev. Admin. Code § 372A.155 — 372A.155

NAC 372A.155    Method for calculating fair market value at wholesale for various
categories of cannabis. ( NRS
360.090 , 372A.050 , 678B.640 )    The
Department will calculate the fair market value at wholesale using the reported
sales or transfer of cannabis in each category of cannabis described in this
section using the methodology described in subsections 1 to 6, inclusive. The
fair market value at wholesale of:
1.  Cannabis bud must be calculated on the
basis of the total weight of all cannabis bud that is sold, excluding the inadvertent
inclusion of an inconsequential amount of cannabis bud in a sale of cannabis
trim.
2.  Cannabis trim must be calculated on the
basis of the total weight of all cannabis trim that is sold, including the
total weight of an inconsequential amount of cannabis bud which is
inadvertently included.
3.  Immature cannabis plants must be
calculated on the basis of the total number of immature cannabis plants sold.
4.  Whole wet cannabis plants must be
calculated on the basis of the total weight of the entire whole wet cannabis
plant. A cannabis cultivation facility shall maintain records of the time each
batch containing whole wet cannabis 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 cannabis plant:
(a) The plant must not undergo any further
processing, including, without limitation, drying the plant and subsequently
selling separately the cannabis bud and cannabis trim from the plant, before
being weighed; and
(b) 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 cannabis 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 subsection and must be calculated using subsection 1 or
2.
5.  Cannabis seeds must be calculated on the
basis of the total number of seeds sold.
6.  Any other category of cannabis must be
determined by the Department on a case-by-case basis.
(Added to NAC by Tax Comm’n by R108-20, eff. 4-11-2022)