What is the test for a primary caregiver in a medical marijuana case?

medical marijuana use and has a live-in or home-visit nurse to assist with all aspects of his or her health care, including marijuana consumption. (See 11362.7, subd. (d)(1) [primary caregiver may include employees of hospice or home health agency].) Even in this scenario, however, the caregiving relationship will arise at or before the onset of assistance in the administration of marijuana. What is not permitted is for an individual to establish an after-the-fact caregiving relationship in an effort to thereby immunize from prosecution previous cultivation or possession for sale. (Cf. People v. Rigo (1999) 69 Cal.App.4th 409, 412-415, 81 Cal.Rptr.2d 624 [doctor may not give postarrest recommendation to bless prior use].) ⁵