Munich allows consumption in the English Garden: Update from Bavaria

A court in Munich has sent an important signal: The Bavarian ban on cannabis consumption in certain parks has been overturned. It is worth taking a closer look at this ruling precisely because Bavaria has a particularly strict approach. Today, we take a closer look at what now applies in the English Garden, why the ruling has nationwide significance and what consequences it has for consumers and medical patients.

Bavaria overturns parking ban: 3 parks “liberated”

Yes, the CSU is not a fan of cannabis. At federal level, the CSU currently wants to tighten laws with the CDU. Nevertheless, a small victory for the 420 community. Here is the news.

The Free State of Bavaria wanted to completely ban consumption in several Munich parks – including the English Garden, Hofgarten and Finanzgarten. The court overturned this part of the parks ordinance. This means that the nationwide cannabis law applies there again, not a special Bavarian rule. The ruling is not yet legally binding, but experts do not expect any further appeals to be lodged.

• Ban lifted in 3 parks
• Federal law takes precedence
• Important correction of Bavarian special rules

Exactly one year ago:

Not only in parks, but also in beer gardens:

What has now been decided?

The court clarified that Bavaria may not issue blanket bans on consumption in public parks if federal law does not provide for such bans. The decision concerns the parks in which the lawsuit was filed. Other parks may follow suit if local authorities use similar, overly extensive restrictions.

1. Consumption bans must not be generalized
2. Court is guided by federal law
3. Other parks could follow

What applies in the English Garden now?

In the English Garden, the general regulation of the Cannabis Act applies again. Consumption is therefore permitted as long as the protection of children and young people is guaranteed. This means: avoid playgrounds, school routes and family areas. Consideration for other park visitors also remains key in order to avoid unnecessary conflicts.

• Consumption generally permitted
• Protection of minors remains binding
• Consideration for other visitors

Here you will find the English Garden in Munich:

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Why the ruling is so important: Bavaria is undersupplied!

Bavaria has been taking a particularly hard line for months: its own catalog of fines, bans at public festivals, bans in restaurants and massive hurdles for grow clubs. The extremely restrictive situation is also making it difficult for Bavaria’s social clubs.

The fact that a court there has now overturned a prominent ban sends out a signal:

State policy must not disregard clear federal guidelines.

For people who use medical products containing THC, the ruling brings indirect benefits. The risk of unnecessary controls in parks is reduced and the uncertainty caused by special local rules is reduced.

• Setback for Bavaria’s special policy
• Strong signal effect for other cities
• Courts set limits

Only 0.6 growers’ associations in Bavaria / 1 million people

The ruling comes at a time when Bavaria is simultaneously trying to put the brakes on legal cultivation clubs – partly through special interpretations of building law or formal points of contention such as “pacified property”. The evaluation “How many cultivation clubs are there?” shows how low the actual coverage by clubs has been so far. The ruling therefore intensifies the discussion as to whether Bavaria is deliberately slowing down legal structures while at the same time making consumption permitted under federal law possible.

• Bavaria continues to block clubs
• Legal situation and reality contradict each other
• Ruling increases political pressure

You can see how weak Bavaria is here on the map.

Visiting Munich? What are you allowed to do?

If you are traveling in Munich or Bavaria, use the new situation responsibly. Check the status of the proceedings regularly, as judgments are only stable once they become legally binding. Avoid children’s areas (if in doubt, use a bubatz card ), remain considerate and strictly separate consumption from road traffic – regardless of whether you use medical products or not.

• Track current status
• Avoid clearly prohibited areas
• Strictly separate road traffic and consumption