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Court Permits Cannabis Use in Northern Englischer Garten

An unappealable injunction allows consumption in the park’s less frequented northern section until the main proceedings decide on Bavaria’s broader public-use restrictions.

Overview

  • Two Munich-area residents filed an urgent application arguing that Bavaria’s blanket park ban conflicted with federal law and unfairly targeted cannabis consumers.
  • The injunction applies only to the northern Englischer Garten, while prohibitions remain in the southern section as well as in the Hofgarten and Finanzgarten.
  • Judges ruled that the northern area’s size and lower visitor density preclude any significant public nuisance under the federal Cannabis Act.
  • The case hinges on whether Bavaria can impose stricter public-use limits than those permitted by federal partial legalization.
  • Similar legal challenges are emerging in other German states as a nationwide review of the partial legalization’s public health and order impacts begins in autumn 2025.