Berlin vs. Bavaria: Where are things allowed? A comparison of local cannabis regulations.

Buying cannabis in Berlin vs. buying cannabis in Bavaria . Same plant, different rules: In Germany, federal law applies everywhere – but how Berlin and Bavaria interpret and enforce it makes a significant difference to your everyday life. This guide compiles the most important rules, examples, and pitfalls – concise, clear, and with real sources. No legalese, just practical experience.

Why are there such big differences in cannabis regulations between Berlin and Bavaria?

Federal law (Cannabis Act/Cannabis Control Act) regulates the basics – possession, home cultivation, clubs, protected areas, and traffic law . However, the individual federal states determine enforcement, fines, controls , and can enact additional local prohibitions (e.g., through state laws or municipal ordinances). The result: Berlin often appears "relaxed and organized," while Bavaria is "strict and meticulous." This is not a myth, but rather a consequence of fine schedules, state laws, and administrative practice . (Bavarian promulgation platform)

What cannabis regulations apply uniformly throughout Germany?

Summary of Federal Law (since 1 April 2024 with gradual additions):

• Possession/Cultivation (from age 18): up to 25 g in public, 50 g at home, 3 plants privately.
• Protection zones & no-go zones: 100 m around schools, daycare centers, playgrounds, youth/public sports facilities and (importantly) around growers' associations (clubs). In pedestrian zones from 7 am to 8 pm : no consumption. In the presence of minors : prohibited.
• Clubs (non-commercial): Membership (residentiality in Germany for ≥ 6 months), max. 25 g/day , 50 g/month ; 18–21 years : max. 30 g/month and ≤ 10% THC ; no edibles , no on-site consumption , no shipping/delivery .
• Mail order/online retail THC: prohibited (recreational use).
• Driving: 3.5 ng/ml THC in blood serum = traffic violation (since August 22, 2024). Zero tolerance still applies to novice drivers/under 21.

How much cannabis can you possess in Berlin – and how much in Bavaria?

The rules are the same because federal law applies: 25g outdoors, 50g at home, 3 plants. Differences only arise in how violations are punished (fines, discretionary powers), not in the possession limits themselves. Berlin has its own catalog of fines , while Bavaria uses state law and administrative practice – more on that in a moment. Berlin.de

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Where is consumption allowed in Berlin – and where does it remain prohibited in Bavaria (in addition)?

Nationwide, cannabis consumption is prohibited in protected areas and in pedestrian zones from 7 a.m. to 8 p.m. Bavaria, through its Bavarian Cannabis Consequences Limitation Act, has further prohibited smoking/ vaping cannabis in the outdoor areas of restaurants (beer gardens) and at public festivals – explicitly including vaping with vapes. Berlin does not have such additional regulations; there, the nationwide zones apply, supplemented by sanctions listed in the state's catalog of fines.

Practical:

• Berlin: Parks are open, except within a 100m protected area or in pedestrian zones from 7am to 8pm.
• Bavaria: Additionally , no smoking/vaping in beer gardens/outdoor restaurant areas and no joints on the fairgrounds – even if it is not within the 100-meter protection zone.

How do the authorities in Berlin vs. Bavaria deal with "minor offenses" and administrative offenses?

• Berlin: A separate catalog of fines has been in effect since November 2024 (Official Gazette No. 49). For example, consumption in the presence of minors can cost up to €1,000 . The catalog provides clear guidelines for the public order offices – reducing "gray areas". Catalog of fines
• Bavaria: Refers to state and municipal enforcement regulations plus the Cannabis Consequences Limitation Act; fines range – depending on the offense – up to €30,000 (according to the Cannabis Act Administrative Offenses Regulations; application and amount vary). Municipal information sheets (e.g., Regensburg) explain the additional state prohibitions and regulatory powers.

What options are there in Berlin for private cannabis cultivation and cannabis clubs?

• Home cultivation: 3 plants nationwide – the same applies in Berlin.
• Clubs: Berlin issued its first permits in 2025; the LAGeSo (State Office for Health and Social Affairs) is responsible. The first cultivation association was officially approved on January 31, 2025; in March, dozens of applications , some with multiple permits, had been submitted. Supervision is organized under state law (LAGeSo/districts). Consumption in the club remains prohibited; distribution is only permitted to members, max. 25 g/day & 50 g/month (18–21: 30 g/month ≤ 10% THC).

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Why are the regulations regarding clubs and cultivation stricter in Bavaria – and what is the current situation?

Bavaria announced additional inspections early on (special units) and emphasized strict regulations . In 2025, the press reported the first permits (initially three ), later eight approved growers' associations – significantly fewer than in more liberal states. The stricter approach is also evident in the ban on beer gardens and folk festivals . Bavarian State Parliament

How frequently are police checks carried out in Berlin compared to Bavaria?

Reliable, comprehensive statistics on enforcement actions are not publicly available for every district. However, what is clear is:

• In Bavaria, ministries announced regular, specialized inspections of clubs and public consumption; state law tightens the regulations (beer garden/folk festival).
• In Berlin, the catalog of fines has ensured more uniform enforcement since 11/2024; police practice is aligned with protection zones and time windows .
  In short: Different political lines → different control climate . In Bavaria, expect more checks in restaurants, at festivals and hotspots; in Berlin , mainly for clear violations of protected areas and times.

What specific penalties are imposed for violations?

• Nationwide : Administrative offenses under the Cannabis Act (KCanG); fines can reach up to €30,000 (extreme upper limit), depending on the offense. Driving with a THC level > 3.5 ng/ml : typically €500 + 1 month driving ban , higher fines for mixed drug use.
• Berlin : Official Gazette catalogue with specific sentences (e.g. consumption in front of minors up to €1,000 ).
• Bavaria : Additional offenses under state law (beer garden/folk festival) → separate administrative offense fines according to the Public Safety and Order Act/regulations; municipalities provide information via leaflet.

Is it legal to smoke marijuana in the park in Berlin – and what happens if you do it in Bavaria?

• Berlin: Parks are fine, unless you're within 100 meters of a school/daycare/playground/public sports facility or in a pedestrian zone between 7 a.m. and 8 p.m. Being with minors is prohibited. Fines apply according to the schedule. BMG
• Bavaria: Smoking/vaping is also prohibited in outdoor areas of restaurants/beer gardens and at festival grounds – even if a 100-meter buffer zone does not apply. Specific state administrative offenses may be imposed in these cases.

What is the risk of being caught using drugs in Berlin vs. Bavaria?

This depends on the location/time and events :

• Berlin: Highest risk in protected areas and during peak hours in pedestrian zones ; since the fine schedule (11/2024), enforcement is more predictable.
• Bavaria: Beer gardens , folk festivals , city festivals : explicitly prohibited – the level of control is naturally high here. Clubs are subject to stricter regulations and specific controls .

Pro-Move everywhere: Check protected areas on maps (e.g., visualizations like "Bubatz map" are helpful – but not legally binding).

What differences exist within the federal states – between large cities and rural areas?

• Berlin: Districts implement the same state regulations , but hotspots (city center, parks) are more heavily patrolled . LAGeSo/districts share club-related responsibilities (licensing vs. supervision).
• Bavaria: In major cities (Munich, Nuremberg, Augsburg) , beer garden/festival regulations are particularly prevalent. Rural areas tend to enforce these regulations based on specific events or complaints – plus special events. Municipal ordinances may further refine the details (the right of proprietors to control their premises remains in effect).

Why does Berlin pursue a more liberal cannabis policy than Bavaria?

Political style: Berlin focuses on a framework and enforcement (fines, clear responsibilities for clubs). Bavaria focuses on prevention and restriction (additional bans in restaurants/at public festivals, announced close monitoring). Both are legal – but noticeably different in practice. Official state information pages openly state these approaches.

How do society and politics in both countries react to legalization?

• Berlin: Focus on youth protection, prevention, clear rules ; at the same time, a willingness to approve and supervise club infrastructure . Initial approvals have been granted.
• Bavaria: Skeptical of partial legalization, focusing on minimizing effects (beer garden/festival ban, strict club checks). The number of approved clubs remains comparatively low .

Especially for you: “Cannabis rules Berlin”, “Cannabis shop Berlin” and “Cannabis shipping Germany” – what do these buzzwords actually mean?

• Cannabis rules in Berlin:
  Check the nationwide rules (25/50/3, protected zones, 7 a.m. to 8 p.m., driving limit) plus Berlin's catalog of fines (since November 2024). This way you'll know what is actually punishable, e.g., consumption in front of minors.
• Cannabis Shop Berlin:
  There is no unrestricted retail sale of THC . You can legally obtain THC through clubs (members only, no edibles, no shipping), or medically via a pharmacy (with a prescription; according to a draft from the Federal Ministry of Health, shipping is to be prohibited in the future). Legally available in shops: CBD products , accessories , seeds (available for order throughout the EU), and information .
• Cannabis shipping to Germany:
  Shipping and online sales of recreational THC are prohibited – no discussion. Exception: Seeds from the EU for private cultivation may be purchased online and delivered to Germany. Clubs are not allowed to supply them.

Tip: Happyflower.io plays by the rules – accessories, safer-use know-how, updates. No bullshit, no gray areas.

Key Takeaways – Berlin vs. Bavaria: Where is what allowed? A comparison of local cannabis regulations.

• Federal law applies to everyone: 25g in public, 50g at home, 3 plants; 100m exclusion zones , pedestrian zones 7am–8pm , no online THC sales, clubs with 25g/day, 50g/month (18–21: 30g, ≤ 10% THC), no consumption in clubs . Driving: 3.5 ng/ml (administrative offense). Laws online .
• Berlin relies on clear enforcement rules : a catalog of fines (since 11/2024) – e.g., consumption in front of minors up to €1,000 . Clubs are licensed and supervised (LAGeSo).
• Bavaria is further tightening regulations: a ban on smoking/vaping in beer gardens and folk festivals by state law, special inspections , and fewer club permits. Fines are sometimes high, depending on the violation and location.
• "Cannabis Shop Berlin" ≠ THC Retail: THC is only available via club (membership, pickup) or medically (pharmacy; planned suspension of shipping). Legal online: CBD, accessories, seeds (EU) . "Cannabis Shipping Germany" for THC remains prohibited .
• Practical advice: In Berlin : Check restricted zones/times, and be familiar with the fines. In Bavaria : Additionally , no joints in beer gardens/festivals; expect more frequent checks at events/restaurants.

Note: This is not legal advice . We link to official sources (Federal Ministry of Health, online laws, state authorities, official gazettes) so you can verify everything yourself. For borderline cases: seek expert legal advice.

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