Lawsuit Filed Against Bavarian Cannabis Consequences Limitation Act
A constitutional complaint and lawsuit were filed today against the Bavarian Cannabis Consequences Limitation Act according to the German Hemp Association (DHV). The Act prohibits cannabis consumption at folk festival events in Bavaria and consumption in outdoor areas of local restaurant establishments.
“The plaintiffs are cannabis patient René Korcak and consumer Emanuel Burghard (both of Bayrisch Kraut), as well as the operator of the Tortuga Bar in Fürstenfeldbrück, Dr. Andreas Rothenberger. The plaintiffs are represented by attorney David Werdermannn (KM8 law firm). The proceedings are coordinated and financed by the German Hemp Association. The constitutional complaint has been filed with the Federal Constitutional Court in Karlsruhe. At the same time, the plaintiffs are challenging the restrictions on their freedoms before the Munich Administrative Court.” DHV stated in a press release announcing the legal actions (translated from German to English).
“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. In particular, the blanket ban on cannabis consumption in the outdoor areas of restaurants (“beer garden ban”) and at folk festivals represents, in our view, an unconstitutional infringement of fundamental rights. It not only curtails the rights of consumers and patients, but also unlawfully interferes with the house rules and entrepreneurial freedom of Bavarian restaurateurs.” the press release also stated.
The press release was also coupled with an online press conference, which is embedded below:
Limiting cannabis consumption to private residences in Bavaria makes life harder for suffering medical patients in particular. It is unfair to expect patients to refrain from consuming their medicine simply because their medicine happens to be medical cannabis.
“As a patient, it would make my life considerably easier if restaurateurs had the freedom to make their own decisions about their businesses.” stated plaintiff and medical cannabis patient René Korcak.
“I’m generally a liberal, politically minded person who has been politically active for a long time and is a champion of civil liberties. But I’m also suing because I fear a loss of revenue if potential guests prefer to stay home and avoid my beer garden because of the cannabis ban.” said Tortuga Bar owner Dr. Andreas Rothenberger.
“With its cannabis ban in beer gardens and at folk festivals, 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.” attorney David Werdermannn stated about the Bavarian Cannabis Consequences Limitation Act.
“Bavaria, too, must comply with federal laws. It cannot be that the CSU is crafting its own anti-cannabis law for ideological reasons.” Georg Wurth, CEO of DHV, added.