Following a recent court ruling, it is now provisionally permitted to consume cannabis in the northern section of Munich’s English Garden. A general ban issued by the Bavarian Palace Administration, which previously applied to the entire park, has been partially overturned.
Cannabis Users Prevail – Northern Section Exempt from Ban
According to the German Press Agency (dpa), the court granted an urgent appeal filed by a group of cannabis users. The plaintiffs argued that the federal law partially legalizing cannabis, which came into effect in April 2024, does not permit stricter state-level regulations. Furthermore, they claimed that a blanket ban on cannabis use results in unequal treatment compared to tobacco users.
The court partially agreed. It ruled that the general prohibition could not be upheld in the northern part of the English Garden, which is significantly less frequented. The judges stated that, in this area, there was no substantial justification for assuming that public disturbance would occur. As a result, adults are now allowed to consume cannabis in this section of the park, at least temporarily, until a final decision is made in the main proceedings.
Ban Remains in Place in Southern English Garden, Hofgarten, and Finanzgarten
The prohibition still applies in other areas of the park: the southern part of the English Garden, the Hofgarten, and the Finanzgarten remain unaffected by the court’s decision. In these zones, the Administrative Court ruled that the protection of third parties—particularly children and adolescents—as well as the general public outweighs the individual right to consume cannabis. These areas are more heavily visited and located near facilities for minors, thus fulfilling the conditions under the Cannabis Act that justify restrictions on consumption.
Decision Is Final – No Further Legal Action Possible
The ruling, issued on July 28, is legally binding and cannot be appealed. This means the Bavarian Palace Administration’s general ban has been at least partially invalidated. The court’s decision is considered precedent-setting, as it is based squarely on federal law, which allows for personal cannabis use under certain conditions. It makes clear that sweeping state-level prohibitions cannot be upheld without compelling justification.
The Bavarian state government had defended the comprehensive ban on the grounds of maintaining public order and protecting the general public, particularly non-smokers. The fact that the court rejected parts of this argument is seen as a legal victory for cannabis users’ rights—even though a final ruling on the issue has yet to be made.
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