Bong ban in question if Amendment 2 passes

by: Jamie Smith Updated:

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JACKSONVILLE, Fla. - Despite the law enacted last year banning the sale of drug paraphernalia, water pipes or bongs typically used for marijuana are being sold right now at stores in the Jacksonville area.  

But the legality of their sale could be about to change again. As manager of the Tobacco Express store on Jacksonville's Southside, Gabby Rexroad's job is on the line everytime someone purchases a water pipe that could be used to smoke pot. 

"If somebody comes in and says 'I'm going to use this for marijuana,' I can't make the sale," said Rexroad.  

Sales under those conditions would define water pipes as "drug paraphernalia" and make the sale illegal. Stores are still legally permitted to sell those pipes if they're going to be used for tobacco leaves and not marijuana. 

Legal expert and Florida State College of Jacksonville law professor Nicholas Martino believes that smoke shops will have policies change again if Florida voters pass Amendment 2, which would allow for prescription medical marijuana including and "related supplies." 

"They're allowed to set up an arrangement to facilitate a constitutional amendment. My guess is that's what the legislature will do," said Martino.  

Martino said any ban of these devices will eventually be superseded by a constitutional amendment. What happens next all hinges on what happens in November when voters decide.