Overview
- Judges at the Bavarian Higher Administrative Court heard a legal challenge from two men against the consumption ban in the Englischer Garten and the adjacent Hof- and Finanzgarten.
- The panel pressed the state parks authority to justify a park‑wide threat assessment, signaling doubt that casual use across the vast grounds constitutes a general public nuisance.
- In July the court suspended the prohibition for the park’s northern section, and Monday’s main hearing now sets the stage for a definitive decision.
- Bavaria imposed the restriction through its state parks authority in May 2024, banning smoking, heating or vaping cannabis on state‑managed grounds, including the Hofgarten in Bayreuth.
- Officials cite youth and health protection and odor concerns, while plaintiffs argue the rule undercuts federal legalization; the authority reports only about five recorded violations in roughly 18 months.