Overview
- The BayVGH declared the consumption ban in Munich’s Englischer Garten, Hofgarten and Finanzgarten unlawful, allowing use there again under federal rules.
- Two plaintiffs prevailed—one a recreational user and one citing health needs—with the case financed by the German Hemp Association.
- The court said Bavarian law requires proof of a concrete danger or significant nuisance; health, youth-protection and odor arguments were not sufficiently substantiated, with written reasoning to follow.
- Revision was not admitted, but the Free State can seek review by complaining to the Federal Administrative Court; officials are awaiting the judgment text as Health Minister Judith Gerlach pledges to maintain a restrictive policy.
- The ruling follows a July interim suspension for the park’s northern section and could influence other Bavarian restrictions under scrutiny, including bans at Volksfests and outdoor dining areas.