Bavarian Cannabis Ban Faces Legal Challenge Over Constitutional Concerns

A coalition of cannabis patients, business owners, and legal advocates in Germany has filed a constitutional complaint and lawsuit challenging the Bavarian Cannabis Consequences Limitation Act, which imposes strict limits on where cannabis can be consumed in the southern state.

The law, unique to Bavaria, bans cannabis use at folk festivals and in the outdoor areas of restaurants and beer gardens, despite recent federal-level reforms that legalized adult-use cannabis across Germany.

Who Is Behind the Legal Challenge?

The lawsuit is spearheaded by:

• René Korcak, a medical cannabis patient
  

• Emanuel Burghard, a cannabis consumer
  

• Dr. Andreas Rothenberger, owner of the Tortuga Bar in Fürstenfeldbrück
  
  

They are represented by attorney David Werdermannn of the KM8 law firm and supported by the German Hemp Association (DHV), which is coordinating and financing the legal effort.

“While the nationwide Cannabis Act (CanG) has newly regulated adult consumption, the Free State of Bavaria has massively restricted these freedoms with its own law,” DHV stated in a press release. “In our view, the blanket ban on cannabis consumption in beer gardens and at folk festivals is unconstitutional.”

Legal Arguments: Rights and Federal Law in Conflict

The complaint was filed with Germany’s Federal Constitutional Court in Karlsruhe, while a parallel case is proceeding in the Munich Administrative Court.

Plaintiffs argue that the Bavarian law:

• Infringes on personal freedoms and patients’ rights
  

• Interferes with the autonomy of business owners to set rules in their own establishments
  

• Undermines federal cannabis reform, effectively creating a patchwork of enforcement across Germany
  
  

“Bavaria is not only ignoring the federal legislature’s decision, but is also disproportionately interfering with the fundamental rights of restaurant owners, patients, and consumers,” said attorney Werdermannn.

The Human Impact of Restrictive Cannabis Policy

Medical cannabis patients, in particular, feel targeted by the regional restrictions. For many, access to public spaces where consumption is allowed is essential for quality of life and daily functioning.

“As a patient, it would make my life considerably easier if restaurateurs had the freedom to make their own decisions,” said plaintiff René Korcak.

Dr. Rothenberger, the bar owner, added a business perspective:

“I fear a loss of revenue if potential guests prefer to stay home and avoid my beer garden because of the cannabis ban.”

Federal vs. State Power: A Clash Brewing

Germany’s Cannabis Act (CanG), which came into force in 2024, legalized possession and personal use of cannabis for adults nationwide. However, Bavaria’s local legislation introduces stricter penalties and prohibitions, sparking concerns of a fragmented legal landscape within a supposedly unified national framework.

“Bavaria, too, must comply with federal laws,” said Georg Wurth, CEO of DHV. “It cannot be that the CSU is crafting its own anti-cannabis law for ideological reasons.”

The outcome of these legal actions may set an important precedent—not just for Bavaria, but for how much autonomy German states will have in limiting federally legalized cannabis use. As legal cannabis takes root across the country, the courts may now have to decide whether regional ideologies can override national policy.