not been paid— (A) for subsequent shipment to a foreign country, Puerto Rico, the Virgin Islands, or a possession of the United States, or (B) for consumption beyond the jurisdiction of the internal revenue laws of the United States. (2) Export warehouse proprietor The term export warehouse proprietor means any person who operates an export warehouse. (3) Importer The term importer means any person who— (A) is in the United States and to whom nontaxpaid marijuana products, produced in a foreign country, Puerto Rico, the Virgin Islands, or a possession of the United States, are shipped or consigned, (B) removes marijuana products for sale or consumption in the United States from a customs bonded warehouse, or (C) smuggles or otherwise unlawfully brings marijuana or marijuana products into the United States. (4) Marijuana The term marijuana has the meaning given the term marihuana under section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802(16) ). (5) Marijuana derivative The term marijuana derivative means any article containing marijuana, or any derivative thereof, which is not a naturally grown and unadulterated marijuana flower. (6) Marijuana enterprise The term marijuana enterprise means a producer, export warehouse proprietor, or importer. (7) Marijuana product (A) In general Except as provided in subparagraph (B), the term marijuana product means any article which contains marijuana or any marijuana derivative. (B) Exceptions (i) In general The term marijuana product shall not include— (I) any article containing marijuana which has been approved by the Food and Drug Administration for sale for therapeutic purposes and is marketed and sold solely for such purpose, or (II) industrial hemp. (ii) Industrial hemp For purposes of clause (i)(II), the term industrial hemp means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. (8) Marijuana production facility The term