German Cannabis Business Association
Federal Constitutional Court Rejects Lawsuit Against Cannabis Ban in Bavarian Beer Gardens
2025-12-03 | The Federal Constitutional Court has rejected a constitutional complaint against the Bavarian Cannabis Consequence Limitation Act, which provides for a consumption ban in beer gardens, restaurants, and the outdoor areas of public festivals, as reported by BR24. The plaintiffs were a restaurateur from Fürstenfeldbruck and two private individuals from the district of Ebersberg, who wanted to overturn this regulation by the Bavarian State Government. The judges in Karlsruhe rejected the request, meaning Bavaria continues to maintain what is probably the toughest stance against cannabis consumption in Germany. The plaintiffs are now placing their hope in the Administrative Court in Munich, where a lawsuit was filed parallel to the constitutional complaint. The two consumers are the same men who previously successfully sued against the cannabis consumption ban in the Englischer Garten in Munich. The Bavarian Administrative Court had ruled in that case that such a ban is only legal in the event of a “danger or significant nuisance to others” and the justification of the Palace Administration at the time was insufficient to justify a general ban. Georg Wurth reports in the DHV-News that “it is not lost in court in that sense because they did not comment on the substance of the matter at all.” They had tried with a direct submission to the Constitutional Court. “Could have worked. In this case, we now have to go through the normal instances after all. […] Then the whole thing just takes a little longer and in the end, in case of doubt, we will end up at the Federal Constitutional Court again,” Wurth further explains.
