California law allows medical cannabis for patients under 18 only in limited circumstances, with a parent or guardian involved at every step. This page explains the legal process and the safety rules for families.
Parents of children with serious conditions such as severe epilepsy sometimes ask whether medical cannabis is an option. California law does allow a minor to be a qualified medical cannabis patient, but the process is built around the parent or legal guardian: the physician must involve and obtain consent from the parent, the parent typically acts as the child's primary caregiver, and minors cannot buy cannabis themselves. This page is a plain-language summary of the legal process and safety considerations. It is not medical advice, and the decision about whether any treatment is appropriate for a child belongs to the family and the child's own physicians.
Before considering a cannabis recommendation, talk with your child's pediatrician or treating specialist, such as a pediatric neurologist. Research on cannabis in children is limited. The Medical Board of California's guidelines list adverse cognitive effects in children and young adults among the risks physicians should discuss, and the developing brain is a particular concern.
There is one cannabis-derived medicine that has gone through full FDA review for children. Epidiolex, an oral cannabidiol (CBD) solution, was approved by the FDA in 2018 for seizures associated with Lennox-Gastaut syndrome and Dravet syndrome and later for seizures associated with tuberous sclerosis complex, for patients one year of age and older. It is prescribed like any other medication, has standardized dosing and is often covered by insurance. Your child's specialist can tell you whether it, or another approved treatment, is appropriate.
Our service evaluates patients under 18 only through a parent or legal guardian acting as the patient's primary caregiver. A recommendation is never guaranteed, and our physicians may decline when cannabis is not appropriate or when the child's own specialists should be consulted first.
The Compassionate Use Act (Health and Safety Code section 11362.5) protects patients who use cannabis on the recommendation of a physician, and section 11362.7 requires that the attending physician actually examine the patient and record an assessment of whether the patient has a serious medical condition and whether cannabis is appropriate. That standard applies regardless of age.
For minors, the Medical Board of California's guidelines add that the physician should make sure the parent, guardian or surrogate is fully informed of the risks and benefits, is involved in the treatment plan, and consents to cannabis use. The guidelines also call for a written treatment plan with measurable goals, an authorization period of no more than 12 months, regular follow-up, and an exit strategy for tapering or stopping.
Under section 11362.7, a primary caregiver must normally be at least 18 years old, but the law makes an exception for the parent of a minor child who is a qualified patient, and for a person otherwise entitled to make medical decisions for the minor under the California Family Code. In practice, the parent or guardian is the person who obtains, stores and gives the medicine.
Licensed medical cannabis retailers may serve medical customers only if they are 18 or older and show a valid ID with a county identification card or physician's recommendation (Business and Professions Code section 26140). A minor cannot purchase cannabis. Adult-use (recreational) cannabis remains limited to adults 21 and older. See /caregiver/ for the caregiver role in detail.
The state Medical Marijuana Identification Card (MMIC), issued through county health departments under the California Department of Public Health program, is optional. According to CDPH, a minor applies through a parent, legal guardian or other person with authority to make the minor's medical decisions, and the county contacts that adult to verify the application. Emancipated minors, or minors with self-sufficiency status, may apply for themselves, and the county may ask for additional documentation.
A parent of a minor qualified patient may also hold a primary caregiver card, which expires when the patient's card expires. Counties may charge up to $100 per application, with a 50 percent reduction for Medi-Cal beneficiaries. Proof of identity for a minor can include a government-issued photo ID or a certified birth certificate.
Education Code section 49414.1, added by SB 223 (2019), often called Jojo's Act, took effect January 1, 2020. It allows, but does not require, a school district, county office of education or charter school to adopt a policy letting a parent or guardian possess and administer medicinal cannabis to their child at school. An earlier version, SB 1127, was vetoed in 2018.
If a school adopts a policy, smokeable and vapeable products are excluded, school staff are not required to administer cannabis, and the board may amend or rescind the policy at any time, including if federal funding is at risk. Many schools have not adopted a policy, so ask your district before bringing any cannabis product to campus.
Cannabis edibles can look like ordinary candy or snacks, and accidental ingestion by children is a known risk. Keep every cannabis product in its original labeled child-resistant package, locked and out of sight, and never let a child self-administer without supervision. If a child takes cannabis by accident or shows unusual sleepiness, confusion or trouble breathing, call the Poison Control helpline at 1-800-222-1222 or 911 in an emergency.
Keep a log of products, doses and effects, share it with all of your child's doctors, and ask the pharmacist about interactions with seizure medicines or other prescriptions.
Last reviewed: October 13, 2026. This page is general information, not legal or medical advice.
California law allows it in limited circumstances. A licensed California physician must examine the child, document a serious medical condition, and fully inform and obtain consent from a parent or legal guardian, who usually serves as the primary caregiver. Approval is never automatic.
No. Licensed retailers may serve medical customers only if they are 18 or older. For a minor patient, the parent or guardian acting as primary caregiver obtains the medicine.
Only if the school district, county office of education or charter school has adopted a policy under Education Code section 49414.1. If so, the parent must sign in, provide a written recommendation, avoid exposing other students, and remove leftover product. Smokeable and vapeable forms are not allowed.
No. Epidiolex is an FDA-approved prescription CBD medicine for seizures associated with Lennox-Gastaut syndrome, Dravet syndrome and tuberous sclerosis complex. It goes through a pharmacy like other prescriptions and does not require a cannabis recommendation.
Generally no. CDPH says minors apply through a parent, legal guardian or other person with authority to make their medical decisions. Emancipated minors, or minors with self-sufficiency status, may apply for themselves.
Usually the parent or legal guardian. California law lets the parent of a minor qualified patient serve as primary caregiver, along with other people authorized to make the minor's medical decisions under the Family Code.
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