Do laws such as this create an unfair, unequal application of law in the U.S.?

Most criminal law in the U.S. is based upon individual state law. As such, not all citizens are treated equally based upon where they reside. Is this good policy in the U.S. Why or why not? Think about this example: use of recreational marijuana is legal in eleven states, (Alaska, Washington, Oregon, California, Nevada, Colorado, Illinois, Michigan, Vermont, Maine, and Massachusetts) and Washington DC. Yet, in the other 39 states it is still illegal for recreational use. Do laws such as this create an unfair, unequal application of law in the U.S.?