Judge Berzon concurs and says: "I note that, as a practical matter, my understanding of the statute and the majority’s will not diverge very often. The occasions on which a defendant commits a controlled substance offense and then is arrested for another such offense before the judicial disposition on the first one will not be frequent. But they will occur occasionally."
Given the nature of drug abuse, I'm confident that the number of times this will transpire will not fall anywhere near the "rare" category. But the word "occasionally" covers an awful lot of ground. So I cannot disagree with what Judge Berzon says.