Pot smokers in Munich may soon be able to light up legally in the English Garden, following a ruling by the Bavarian Administrative Court which overturned a ban on cannabis use in the area.
Bavaria's state authorities had imposed a ban on cannabis consumption at state castles, lakes and gardens - including Munich's central Englischer Garten, which is a popular spot for young people and tourists.
Two plaintiffs, who wished to consume cannabis in the park, had challenged the ban with legal support from the German Hemp Association.
The Bavarian Administrative Court then ruled that the ban had been unlawful, because the state authorities had not made clear how consumption of cannabis in the park was a risk to public health.
Is cannabis use allowed in Munich's English Garden?
The court ruling does not mean that cannabis use is immediately permitted in all parts of the English Garden.
The Administrative Court's ruling can be seen as a step toward that end, but for now there is a one-month period during which the state authorities may respond. Should the state authorities file an appeal to the Federal Administrative Court, the ban would then remain in affect until the higher court rules on the case.
If the Bavarian administrative office refrains from pursuing an appeal, smoking weed in the English Garden would then be immediately allowed.
Cannabis consumption is already allowed in the northern part of the English Garden - north of the Mittlerer Ring - which is more spacious and less crowded. This was determined by a similar legal challenge which was decided in July.
But for now cannabis use is banned in the southern part of the park, as well as in the nearby Hofgarten and Finanzgarten.
No cannabis in the 'Free State'Â
While recreational cannabis use was legalised in Germany in 2024, authorities in Bavaria, largely led by the state's Christian Social Union (CSU) party, have pushed back against public use by criticising legalisation and implementing localised bans where possible.
"Today we reminded the CSU that Bavaria is in Germany," Hemp Association representative Georg Wurth told SĂĽddeutsche Zeitung.
READ ALSO:Â Bavaria approves first three cannabis clubs after German legalisation
Despite cannabis use being legalised at the federal level, states or local authorities can uphold bans against its use in certain places or times. But only if it can be shown that allowing its use there or then would pose "a danger or significant nuisance" to the public.
The palace administration, which maintains the English Garden, had cited health and youth protection, as well as the nuisance of cannabis odours as the reason for their ban. But the men who challenged the ban argue that effects of tobacco smoke are the same.
"It is contradictory to allow tobacco smoking but ban cannabis outdoors," said David Werdermann, the lawyer representing the plaintiffs who challenged the English Garden ban.
In its ruling, the Bavarian Administrative Court appeared to agree with this assessment.
Bavaria is sometimes called the Free State of Bavaria (Freistaat Bayern), a name that it gained in November 1918 and signified its break from the monarchy and The Holy Roman Empire. Saxony and Thuringia are also called Free States.
Following the legalisation of recreational cannabis use in Germany, Bavaria introduced statewide bans on its use at folk festivals -Â including at Oktoberfest - and in beer gardens and restaurant patios. The German Hemp Association is also assisting similar challenges to those bans.
Comments