Heidi Klum's recent ex was arrested at Burning Man earlier this month for being in possession of psychedelic mushrooms.
TMZ reported that Vito Schnabel was arrested September 3 in the Nevada desert by Pershing County Sheriffs and charged with distribution and manufacture of a controlled substance, which is a felony. He has reportedly pled not guilty.
If convicted, he could face up to five years in prison.
Vito has had a rough go of late. On Sept. 25, Heidi told People magazine that she and Vito had split after three years together.
"I believe that it is important to take time to pause and reflect," she told the mag.
Prior to Heidi confirmation, there had been reports that the couple was on the outs.
"Things have been difficult recently, they live on opposite coasts," a source told People earlier in September, while saying Heidi and Vito were taking time apart. "And it's the start of a school year and Heidi has to concentrate on the kids."
In June, celebrity media outlets salivated when images surfaced of Vito kissing another woman in London. He said it was completely innocent.
"The claims that have been made are a misinterpretation of an entirely innocent situation," he told the mag. "There is nothing more to this than I was simply saying goodnight to a family friend and we went on our separate ways."
Around the same time, Us Weekly quoted a source who said, "There has been trouble in paradise for a little while."