English Garden in Munich permits smoking, though with a limit imposed
The Bavarian Administrative Court has made a provisional decision, allowing the consumption of cannabis in the less frequented northern part of Munich's English Garden [1]. However, it's essential to clarify that this decision is temporary and subject to a final decision in the main proceedings.
The decision was made in response to an urgent application filed by two citizens from the Munich area, aiming to challenge the ban on cannabis consumption in the park. The court's ruling does not extend to the southern part of the English Garden or other parks, where cannabis consumption remains strictly prohibited due to park regulations of the Palace and Lake Administration.
The Free State of Bavaria justified the ban as a means of protecting non-smokers, especially children and young people, due to unclear risks of cannabis consumption. The southern part of the English Garden and other parks are considered more protectable due to higher visitor numbers and density.
On the other hand, the plaintiffs argued that the regulations in the federal law preclude a stricter state law and that the ban on cannabis consumption discriminates against cannabis consumers compared to tobacco consumers. The court did not mention any ruling regarding tobacco smoking in the English Garden.
Germany’s cannabis legalization, set to take effect from April 1, 2024, allows possession and home cultivation but does not legalize commercial sales through stores. Public smoking is often restricted or regulated under local laws or public nuisance rules. There is no indication that Munich has officially permitted smoking cannabis openly in parks or public gardens like the English Garden.
Thus, smoking cannabis in the southern part of the English Garden in Munich would most likely be illegal or at least not allowed under current laws as of mid-2025. If one wants to use cannabis legally in Munich, it should be done on private premises or in compliance with any local rules that might restrict public use.
It's worth noting that the court's decision does not clarify the risks of passive cannabis consumption in the open air or whether a state ban on cannabis consumption on certain public areas is legally possible. The court's decision in the main proceedings will need to address these open questions.
In conclusion, while the Bavarian Administrative Court has made a provisional decision to allow cannabis consumption in the northern part of Munich's English Garden, smoking cannabis openly in the southern part of the English Garden remains illegal. As the situation evolves, it's crucial to stay informed about any updates in local regulations regarding cannabis consumption in public spaces.
[1] Source: Bavarian Administrative Court decision and relevant German cannabis legislation.
- The temporary ruling by the Bavarian Administrative Court allows for cannabis consumption in the less frequented northern part of Munich's English Garden.
- The court's decision is only applicable to the northern part of the English Garden and does not extend to other parks or the southern part of the garden.
- The ban on cannabis consumption in the park, excluding the northern area, is in place to protect non-smokers, particularly children and young people, due to the unclear risks associated with cannabis consumption.
- The plaintiffs in the case argued that the federal law precludes a stricter state law and that the ban on cannabis consumption discriminates against cannabis consumers compared to tobacco consumers.
- Germany's cannabis legalization, set to take effect in 2024, allows for possession and home cultivation but does not legalize commercial sales or open smoking in public places.
- Smoking cannabis openly in the southern part of the English Garden would likely be illegal or not allowed under current laws as of mid-2025.
- If one wants to use cannabis legally in Munich, it should be done on private premises or in compliance with any local rules that might restrict public use.
- The court's decision does not clarify the risks of passive cannabis consumption in the open air or whether a state ban on cannabis consumption on certain public areas is legally possible.
- The court's decision in the main proceedings will need to address these open questions regarding cannabis consumption in public spaces.
- Staying informed about updates in local regulations regarding cannabis consumption in public spaces is crucial as the situation evolves.
- This discussion also highlights the intersection of health-and-wellness, lifestyle, and mental-health issues with legal and business matters, as well as a broader debate on general-news topics such as crime-and-justice, politics, and personal-finance implications.
