The state government wants to completely ban smoking cannabis in beer gardens and at festivals. Smoking weed is also said to be taboo in public parks such as the English Garden in Munich or the Hofgarten in Bayreuth. The cabinet decided this on Tuesday. Health Minister Judith Gerlach (CSU) explained that the ban protects non-smokers and, above all, children and young people. Studies have shown that passive inhalation of cannabis smoke can lead to a THC concentration in the blood and can therefore have harmful effects on health.
Since April 1st, the consumption of cannabis for adults has been generally permitted in Germany. To protect children and young people, stoners must keep a distance of 100 meters from schools, kindergartens, playgrounds and youth facilities. They are also generally not allowed to consume cannabis in the immediate presence of minors – which already effectively means a ban on folk festivals, at least during the day, where they inevitably meet children and young people.
However, the state government considers this rule to be too confusing and difficult for the police to enforce. The new bans create clarity, said Gerlach: the general ban on smoking applies in restaurants and festival tents anyway. For the consumption of cannabis, this ban will now be extended to the outdoor areas of restaurants, in beer gardens and at folk festivals in general. In these areas, smoking weed should even be prohibited in designated smoking rooms and smoking areas. This also applies to heating and vaporizing cannabis products, for example using vaporizers. However, Gerlach did not speak of a further ban – for example on cookies. The aim is to create comprehensible rules that can be implemented by organizers and the police, she said. The changes should be enshrined in the Health Protection Act.
In beer gardens there is often a confusing crowd and a lively exchange. As an explanation, Gerlach said it was difficult for smokers to know whether minors were around them. The same applies at a folk festival site, “where people flock to it, children line up on carousels and for cotton candy.” Smoking weed should therefore be strictly prohibited everywhere there.
According to Gerlach’s plans, the gardens of the Bavarian palace administration will also become a stoner-free zone. Gerlach mentioned the English Garden, the Hofgarten and the Finanzgarten in Munich as well as the Hofgarten Bayreuth. More could follow. Smoking weed should be banned everywhere here through the park regulations.
Further bans could follow: in amusement parks and outdoor pools
The state government also wants to give municipalities leeway to set up their own prohibition zones in places where large numbers of people regularly congregate in a small space. “I’m thinking of sights, amusement parks and outdoor swimming pools,” said Gerlach. For this purpose, an authorization to issue regulations should be provided for in the Health Protection Act. Municipalities should also be allowed to ban smoking weed in public places if excessive consumption is carried out there and, as a result, administrative offenses or criminal offenses are regularly committed.
“You see, we as countries also have some leeway that we use,” said the visibly satisfied Health Minister after the cabinet meeting at which her proposals were approved. State Chancellery Minister Florian Herrmann emphasized once again that he believes cannabis legalization is fundamentally wrong and that the law is also poorly designed. The state government had already complained that the many different prohibition zones and distance rules were difficult for the police to control. The Bavarian police are still required to monitor the prohibited zones and also to check traffic and to remove weed-smoking drivers from traffic.
Gerlach also announced that the cultivation of cannabis would also be restricted as much as possible. A concentration of growing associations in one place will be prevented and the limits provided for in federal law will be used: Federal law allows a limit of one growing association per 6,000 inhabitants. The minister wants to present the law with the new bans before the Whitsun holidays.
Meanwhile, police pointed out on Tuesday that the import and export of cannabis plants remained illegal and therefore constituted a criminal offense. Since the introduction of the cannabis law at the beginning of April, the border police in Passau have found and seized a total of 20 marijuana plants from Austria. However, the seven suspects between the ages of 18 and 60 knew nothing about the import ban. In addition to confiscating the plants, the seven men are also facing criminal charges. In this context, the police would like to point out once again that the supply and possession of cannabis are only permitted under certain conditions.