Partial Reversal of Cannabis Prohibition in English Garden, Munich: Temporary Legalization of Consumption Allowed
The English Garden in Munich, a beloved public park, has been the centre of a recent legal debate regarding cannabis consumption. As of now, cannabis consumption remains illegal under federal and local laws, with no official zones permitting legal use within the park.
However, a recent ruling by the Bavarian Administrative Court of Appeals (BayVGH) has temporarily lifted the cannabis consumption ban in the northern part of the English Garden. This decision comes due to the spaciousness and lower frequency of visitors in this area, as stated by the Administrative Court.
On the contrary, the consumption of cannabis remains banned in the southern part of the English Garden, including the Hofgarten and the Finance Garden. The ban is in place due to the proximity of these areas to children and youth facilities, as per federal law.
The BayVGH has also emphasised the need for a thorough examination of the local conditions of the park with regard to their usage. The court believes that several open questions, such as whether a statewide ban on public cannabis consumption is possible, and the extent of harm from passive cannabis consumption outdoors, can only be clarified in the main proceeding.
Two individuals from the Munich area had previously filed an urgent application with the Bavarian Administrative Court of Appeals, arguing that regulations at the federal level preclude stricter state-level regulations and that cannabis consumers were being discriminated against compared to tobacco consumers. The main proceeding regarding this decision is still pending.
The Free State of Bavaria supports the ban, arguing that it is necessary to protect non-smokers, especially children and young people, and that the effects of cannabis consumption are not yet sufficiently researched.
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In light of the recent ruling by the Bavarian Administrative Court of Appeals (BayVGH), cannabis consumption is temporarily allowed in the northern part of the English Garden, given its spaciousness and fewer visitors. Conversely, the consumption of cannabis is still prohibited in the southern part, including the Hofgarden and the Finance Garden, due to the proximity of these areas to children and youth facilities.
