by Jane Pfeifle, Lynn, Jackson, Shultz & Lebrun, P.C.

South Dakota voters overwhelmingly supported Republican candidates as they swept to victory in all of the state constitutional office races, including the governor’s race. On a national level, Blue Dog Democratic candidate Stephanie Herseth Sandlin lost her third-term bid for the state’s lone seat in the U.S. House of Representatives to newcomer Republican Kristi Noem. In the past, Herseth Sandlin has won her elections by overwhelming majorities.

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By Jane Pfeifle

Though a similar measure was narrowly defeated in 2006, this year South Dakota resoundingly rejected Initiative 13, which called for the legalization of medical marijuana. As a result employers can breathe a sigh of relief because the measure raised numerous questions about how they might be called on to respond to employees who were registered users.

Under the proposal, an employer couldn’t refuse to hire someone who held a marijuana registration. Yet what was unclear under the initiative was how employees who were under the influence at work could be treated: read more…