Nevada stacks two taxes on an adult-use purchase
Nevada charges an excise tax on cannabis at retail, and it sits on top of ordinary sales tax. NRS 372A.290(3) imposes that tax on each retail sale in this State of cannabis or cannabis products by an adult-use cannabis retail store or cannabis consumption lounge, at the rate of 10 percent of the sales price. The same subsection states the tax is separate from and in addition to any general state and local sales and use taxes that apply to retail sales of tangible personal property, and that it is the obligation of the seller of the cannabis or cannabis product but may be recovered from the purchaser. So a store may pass it to the buyer rather than absorbing it. A Las Vegas adult-use transaction therefore sits under two tax regimes: the state cannabis retail excise tax, and the Clark County sales and use tax rate.
- Retail excise rate
- 10 percent of the sales price
- Statute
- NRS 372A.290(3)
- Who owes it
- The seller, recoverable from the purchaser
The 10 percent excise tax and the narrow medical exemption
The Nevada Department of Taxation summarizes the exemption in short form: cannabis or cannabis products sold to a patient cardholder are not subject to this 10 percent excise tax. The statute is narrower. NRS 372A.290(8) states the excise tax imposed pursuant to subsection 3 does not apply to a sale of cannabis for the medical use of cannabis or a medical cannabis product to the holder of a registry identification card or letter of approval by an adult-use cannabis retail store that has been deemed to be a dual licensee pursuant to NRS 678D.490. Two conditions ride on that: what is sold, and the license the store holds. The Cannabis Compliance Board list of licensees records each store as Adult Use or Medical Only and does not label dual licensee status, so a cardholder should ask at the counter rather than assume. General sales and use tax is a separate tax under separate chapters of law.
- Exemption statute
- NRS 372A.290(8)
- Exemption conditions
- Medical cannabis or a medical cannabis product, sold to a registry identification card or letter of approval holder, by a store deemed a dual licensee under NRS 678D.490
- Excise base
- The discounted sales price, not including the sales tax
Clark County sales tax adds 8.375 percent, and none of it is cannabis specific
Clark County's total sales and use tax rate is 8.375 percent, and that is the rate that applies at a counter on South Decatur Boulevard. The Department of Taxation states that effective January 1, 2020 the Clark County Sales and Use Tax rate increased to 8.375 percent, an increase of one eighth of one percent on the sale of all tangible personal property that is taxable. It builds on a 6.85 percent minimum statewide rate, made up of 2.00 percent Sales Tax under NRS 372, 2.60 percent Local School Support Tax under NRS 374, and Basic and Supplemental City-County Relief Tax at 0.50 and 1.75 percent under NRS 377. Clark County's own components fund flood control, regional transportation, the Southern Nevada Water Authority, police support, police officers, and the State Education Fund. None of that is cannabis specific. It is the same rate a Las Vegas buyer pays on other taxable tangible goods.
- Clark County rate
- 8.375 percent, effective January 1, 2020
- Minimum statewide rate
- 6.85 percent
- Statewide components
- 2.00 percent NRS 372, 2.60 percent NRS 374, 0.50 and 1.75 percent NRS 377




