LINCOLN, Neb. (AP) — Possession of a pot brownie will result in a fine in most of Nebraska, but in some western counties it could land you in jail.

Some counties near Colorado are treating marijuana extracts used in food as a Schedule I drug.

Possession of that drug is a felony punishable by up to five years in prison. In most parts of the state, simple possession of a pot brownie carries a $300 fine for the first offense, with no jail time.

Deuel County Sheriff Adam Hayworth says he and others are deferring to a prosecutor’s opinion.

Sen. Al Davis of Hyannis says he plans to introduce a bill next month that would require law enforcement to treat marijuana edibles the same as regular pot.