Here in DC there was an example awhile back prior to legalizing marijuana: white people apparently used at a higher rate but most of the prosecutions were of black people both due to heavier police presence and because demographics meant that white users tended to have more privacy (limited visibility from the street, more distance between houses/sidewalks to make smell harder to notice, etc.) which made it harder to get evidence clearly showing that a specific person had been the one using. The process could be fair without changing the fact that the results disproportionately impacted one group.