English Garden Now Allows Smoking in Certain Areas Following Court Decision
In a recent development, the Administrative Court of Appeals in Munich has temporarily lifted the ban on cannabis consumption in the less visited northern part of the English Garden. This decision, however, does not apply to the southern part, Hofgarten, and Finanzgarden due to higher visitor numbers and the proximity to children's and youth facilities.
The decision comes as a response to an urgent application filed with the court, with the applicants arguing that the ban on cannabis discriminates against cannabis consumers compared to tobacco consumers. The court's ruling is based on the argument that stricter state regulations are precluded by federal law on the partial legalization of cannabis.
The current rules around cannabis use in Munich's English Garden remain governed by German federal and Bavarian state law, where recreational cannabis possession and use in public spaces, including parks like the English Garden, is generally illegal. However, recent court rulings have clarified specific enforcement limits, often focusing on small amounts for personal use.
The Administrative Court of Appeals' decision is a temporary measure until a final decision is made. The court ruling allows temporary cannabis consumption in the northern part of the English Garden in Munich, citing that there is no "plausible evidence" of significant impairment to the public there. The ban in the southern part, Hofgarten, and Finanzgarden is enforced due to concerns for the health and safety of third parties and the public from impairments due to cannabis consumption.
The Bavarian Administrative Court of Appeals' decision is not a step towards comprehensive legalization for public use or consumption in the English Garden. Instead, it clarifies that police must handle small personal possession cases with discretion and proportionality, reflecting evolving societal attitudes but within current legal frameworks.
This temporary lifting of the ban in the northern part of the English Garden aligns with well-established practices in Bavaria and Germany, where courts have ruled that possession of small quantities for personal use should not necessarily lead to criminal prosecution but rather administrative fines or warnings. The aim is to decriminalize casual users to reduce the burden on the justice system, while still discouraging public consumption.
It is essential to note that this article provides an overview of the recent court ruling and does not contain precise details about the particular case in 2025. For exact ruling texts, local legal databases or news sources would be required.
- The temporary lifting of the cannabis consumption ban in the northern part of the English Garden suggests a potential shift in German societal attitudes towards home-and-garden lifestyles, as seen through the lens of public spaces like parks.
- The evolving social-media discussions around the recent court ruling regarding cannabis consumption in Munich's English Garden highlight the intersection between entertainment and legal policies, demonstrating a growing interest in how these issues impact lifestyle choices.
