The federal budget will be delivered tomorrow, but the government could struggle to pass legislation due to a rogue senator.

Independent David Leyonhjelm is vowing to block every piece of health legislation until e-cigarettes are legalised.

The New South Wales senator tells Ben Fordham he’s confident he has the numbers to form a voting bloc.

“I don’t want to verbal them but the only one who’s said publically that they’re on side is Derryn Hinch.

“I do know Fraser Anning is pretty much onside, Cory [Bernardi] is very much onside on this issue and Pauline [Hanson] and her guys are very sympathetic on the issue of e-cigarettes.

“But, they haven’t made a public statement yet about their position on this boycott.

“I’m quite confident we’re there.”

Ben Fordham has been campaigning for vaping to be legalised for some time but doesn’t agree with Senator Leyonhjelm’s strategy.

“I find myself torn on this because I’m with you on vaping… but on the other hand I don’t like the idea of boycotts and blocking measures.”

Click PLAY below for the full interview

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