German Cannabis Business Assoc Newsletter
Legal Dispute Over Cannabis Consumption Bans in Bavarian Parks
2026-02-16 | As reported by BR24, the legal situation regarding cannabis consumption in Bavarian parks remains inconsistent. In a ruling dated 24 November 2025 (Ref. 10 N 25.826), the Bavarian Higher Administrative Court (BayVGH) declared the general consumption ban in the park regulations for Munich’s English Garden, Hofgarten, Finanzgarten, and Bayreuth’s Hofgarten invalid. However, the Bavarian Administration of State Palaces, Gardens and Lakes continues to enforce bans in around two dozen other parks, including Nymphenburg Palace Park and Feldafing Park. The court clarified that a blanket prohibition cannot be justified solely on the basis of preventing nuisance at all times and in all park areas.
The palace administration argues that the four parks affected by the ruling are governed by public law ordinances, whereas other parks fall under private property regulations based on domiciliary rights. Horst Arnold, legal policy spokesperson for the SPD parliamentary group in the Bavarian state parliament and former judge, criticized this approach as an attempt to circumvent the ruling through legal maneuvering. A public-law institution, he argued, cannot simply retreat to a civil-law position to maintain what he described as an excessive prohibition culture. Moreover, bans under site regulations lack regulatory enforcement mechanisms, as they do not allow for fines.
Despite the judicial setback, Bavarian Health Minister Judith Gerlach (CSU) reaffirmed the state government’s restrictive stance. Bavaria continues to use all available legal leeway — including a specific fine schedule and consumption bans at public festivals — to limit the practical application of federal law as much as possible.
