The Bavarian Administrative Court has banned the consumption of cannabis in the English Garden Munich lifted. The judges ruled that a general ban on consumption in the park as well as in the neighboring Hofgarten and Finanzgarten was ineffective. They upheld a lawsuit filed by two men who wanted to consume marijuana in the park.
The ban was lifted for the northern part of the park in the summer following an emergency decree. With the court’s decision, consumption will be permitted again at all facilities for the time being.
The jury’s decision is not final. Although the Administrative Court does not allow appeals, the Free State of Bavaria can appeal to the Federal Administrative Court.
The castle administration can issue a ban
VGH has pointed out in the hearing that the Bavarian castle administration is generally permitted to issue such bans. All that is required for this is “significant harm or annoyance to others”. At the time, the judges doubted whether the Free State’s justifications were sufficient to justify banning all types of cannabis consumption throughout English Garden. The court wishes to submit detailed justifications in writing.
This decision is a major setback for the state government’s policy of restricting the use of illegal drugs. It has partial legalization
marijuana cannot be prevented at the federal level and therefore it has been announced that they want to make things difficult for consumers.
