"No provision of this subchapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision of this subchapter and that State law so that the two cannot consistently stand together."

Rep. Jared Polis today wrote a letter (available here) to Attorney General Eric Holder and the DEA requesting no enforcement action be taken against those in compliance with state law. In all, 17 Congresspersons signed the letter.

We are concerned that the Department of Justice (DOJ) and the Drug Enforcement Administration (DEA) continue to threaten individuals and businesses acting within the scope of their states’ laws on the medicinal use of marijuana despite formal guidance on exercising prosecutorial discretion. These actions contradict assurances made by DOJ in 2009 that the Department would not prioritize criminal charges against those who act in compliance with state law. It is also a poor use of limited federal resources. We hope your agencies will not take a similar approach with regard to individuals and businesses who comply with Colorado’s and Washington’s new laws, each of which were approved with overwhelming public support.

Not responding appropriately in my view: Sen. Michael Bennet, who is joining with Gov. Hickenlooper and state Attorney General John Suthers in doing nothing except waiting for a response from DOJ as to its intentions. His rep says:

Right now, Senator Bennet is waiting to see the results of the conversations between the state of Colorado and the Justice Department. As you know the governor and attorney general have requested guidance from DOJ about how the Justice Department will respond to Colorado’s marijuana vote.”

More at Colorado Independent and Huffington Post.