The New Cannabis Law in Bavaria & What Will Change on 01.08.2024

Goals of the new cannabis law in Bavaria

The Cannabis law in Bavaria aims to significantly curb the negative effects of cannabis consumption in Bavaria. The focus is not only on the health of consumers but also on protecting children and adolescents who could potentially be endangered by the public consumption of cannabis products. Strict regulations and comprehensive smoking bans are intended to prevent cannabis from becoming normalized in public spaces. Bavaria emphasizes prevention, education, and deterrence to minimize health risks, social conflicts, and disruptions to public order. The state sees itself as a guardian of the public, especially the younger generation, who should not be exposed to the potential dangers of cannabis use.

Changes in the Health Protection Act

With updates to the Health Protection Act, cannabis use is restricted in several public areas, providing a clear framework for its consumption. The following points are particularly relevant:

1. Smoking bans on playgrounds and in daycare centers

Playgrounds and daycare centers will be explicitly declared smoke-free zones. This measure covers not only tobacco but also all cannabis products. The protection of the youngest members of society takes top priority. Parents visiting these areas with their children can be assured that they won't be exposed to second-hand cannabis smoke or its social consequences.

2. Smoking bans in additional public facilities

The new law extends its reach by banning the consumption of cannabis in various public institutions, including schools, health facilities, sports venues, cultural sites, and even public festivals. Smoking is also prohibited in the outdoor areas of restaurants. These comprehensive measures aim to ensure that cannabis consumption is not publicly accepted or glamorized. The Bavarian government wants to preserve the societal consensus that cannabis is a substance whose consumption should be carefully considered, not publicly celebrated.

3. Exceptions for medical use

While the law enforces stricter rules, there are exceptions for medical use. In hospices and certain health facilities, medical cannabis use remains permitted under strict conditions. However, this is a limited exception, only allowed under medical supervision and in specifically designated rooms.

4. Right of municipalities to introduce additional regulations

A notable innovation is the empowerment of municipalities to independently regulate cannabis use in public spaces. Particularly in heavily frequented areas, such as city centers or tourist attractions, municipalities can impose even stricter restrictions or outright bans on smoking or vaping cannabis through local ordinances. This will be applied especially in areas where large numbers of people gather and the potential for conflict is high.

Changes in the State Penal and Ordinance Act

The State Penal and Ordinance Act (LStVG) is also being adapted to reflect the new legal framework. Here are some of the key changes that affect public cannabis consumption:

1. Ban on cannabis in public spaces

One of the most far-reaching changes is the ban on cannabis in public spaces, particularly in areas where past disturbances to public order have occurred. Municipalities will have the ability to ban cannabis consumption in parks, pedestrian zones, and other public areas identified as trouble spots. Additionally, carrying cannabis may be prohibited if it is suspected that it will be consumed in those areas. This means that in certain zones, people are prohibited from consuming or even carrying cannabis to prevent public offenses.

Fines and penalties for violations

Violations of the new cannabis law will be taken seriously in Bavaria. Anyone who disregards the new smoking bans will face substantial fines. These penalties are intended to ensure that the public adheres to the new regulations. Repeat offenders who violate the rules multiple times will be subject to significantly higher fines. This serves as a deterrent and ensures the long-term effectiveness of the new law.

Cannabis legalization in Germany

With the introduction of Bavaria's new cannabis law, the legal situation for cannabis users is further tightened. This development contrasts with the ongoing discussion of cannabis legalization at the federal level, which has been a hot topic in Germany for years. While many countries, such as Canada and certain U.S. states, have decriminalized or legalized cannabis, Bavaria continues to impose strict regulations. Nationwide legalization in Germany remains a complex issue, potentially leading to varied regulations among the federal states. Learn more in our article on ➜ Germany's Cannabis Legalization.

Cannabis and Driving: What You Need to Know

It’s important to note that cannabis consumption and driving in Germany are strictly regulated. Even small amounts of THC in your blood can lead to legal consequences when driving. Even if you feel fit after consuming cannabis, the THC level in your system can linger and impair your ability to drive. To ensure you avoid legal trouble, make sure to educate yourself on the regulations and how long THC stays detectable in your bloodstream. Learn more in our ➜Cannabis and Driving Guide.