Vito Schnabel (seen in mugshot) was arrested September 3 by Pershing County Sheriff's deputies for 'distribution' of psychedelic mushrooms while at the Burning Man festival

Heidi Klum's ex boyfriend was arrested for possession of psychedelic mushrooms at the Burning Man festival just three weeks before the supermodel broke up with him, court documents reveal.

Vito Schnabel was arrested September 3 by Pershing County Sheriff's deputies, according to the documents, which were obtained by TMZ.

The 31-year-old son of film director Julian Schnabel was charged with felony distribution and manufacture of a controlled substance.

The arrest report says Schnabel was in possession of psilocybin, the active chemical found in hundreds of species of psychoactive mushrooms.

Psilocybin is a Schedule 1 controlled substance - putting on a par with heroin in US law - and if found guilty, Schnabel faces up to five years in prison. He has pleaded not guilty to the charge.

The five-year maximum sentence could suggest that he has been hit with Class C felony charges due to a previous drug offense, according to Nevada Criminal Defense Lawyers.

Schnabel was seen with then-girlfriend Heidi Klum at Burning Man last year; the pair ended their three-year relationship on Monday - but it's not known whether his arrest was a factor.

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Schnabel (right, with then-girlfriend Heidi Klum in February) now faces up to five years in prison for the felony distribution charge, which may suggest it's his second drug offense

Schnabel has pleaded not guilty to the charge. The couple are seen here visiting Burning Man in 2016. They split on Monday, but it's not clear if that was due to his September 3 arrest

Schnabel was arrested shortly after midnight on September 3. He was released on $5,000 bond that same day.

A statement from Pershing County read: 'The Defendant did willfully, unlawfully import, transport, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance and manufacture or compound a controlled or counterfeit substance.

'On or about September 3, 2017, at or near 10 and Deep Playa of the Burning Man Event… the Defendant did transport to Black Rock City, Psilocybin, a schedule one controlled substance.'

The official Burning Man website describes the Deep Playa as 'the area of open playa behind the Man, particularly the outer realms near the perimeter trash fence.'

The '10' is the final road on the Burning Man's northwestern side - the streets being numbered in a circular fashion from the northeastern side to coincide with the hours on a clock face.

The mention of 'bartering' in the law is particularly relevant to Burning Man, where money is forbidden and festival-goers are encouraged to exchange goods; it's unclear whether he's suspected of selling, exchanging or giving away mushrooms.

All drug possession cases are treated as felonies in Nevada, with the exception of those involving marijuana.

Schnabel is an art curator and the son of artist and filmmaker Julian Schnabel.

Klum and Schnabel had been dating for three years prior to their split. Schnabel was located in the 'Deep Playa', an area behind the iconic Burning Man statue near to the trash bags

Arrests for drugs are not uncommon at the festival; police don't have arrest statistics for this year, but in 2016 some 46 people were arrested, most for drug-related reasons, the Reno Gazette-Journal reported that year.

And in 2015, 41 people were arrested - an increase of 600 per cent on the mere seven arrested in 2014, according to Your EDM.

The festival attracted an estimated 70,000 people each year from 2014-2017, according to the Nevada Bureau of Land Management.

Police at the festival patrol fervently, according to 'Burning Man is a POLICE State: 13 MUST follow rules,' an article the extreme sports site Snow Brains.

'What you must know is that Burning Man is a VERY SOPHISTICATED POLICE STATE, EXTENSIVELY PATROLLED and MONITORED by State and Federal Officers,' the report warns.

'They literally motor by your camp every twenty minutes looking for someone "anyone" to bust.'

It continues: 'They could care less about what you're doing, what they're keen about is the "enormous" amount of money generated by [citations], more citations = more money for State and Federal coffers.

'If you go, check out their equipment, it will all be brand new and state of the art. And who do you think pays for all of that personnel and equipment? Ding! Ding! Ding! You guessed it, the "Burners".'

Klum confirmed her split with Schnabel in an interview with People after DailyMail.com reported in mid September that the two were 'taking time apart.'

Family: Schnabel is an art curator and the son of film director Julian Schnabel (left), director or The Diving Bell and the Butterfly and Basquiat

The 44-year-old model said: 'I believe that it is important to take time to pause and reflect.'

Heidi and Vito have not been photographed together since August 20, and when Klum has had a red-carpet event this month, she has done it solo.

A source told DailyMail.com on September 13 that there was 'trouble in paradise.'

Indeed she went to the Emmys alone and she has attended several other events, such as this weekend's iHeart Radio event, without a plus one.

'They haven't been pictured together at all recently, and Heidi stayed in a hotel during her recent trip to New York,' said the source of Klum's early September trip to Manhattan.

The mother-of-four arrived in Manhattan on September 7 and headed to a hotel, rather than staying with her long-term love at his property in the city.

And when the star attended the Harper's Bazaar Icons event in NYC the next day, she was not with Vito, who is the son of artist Julian Schnabel.

'Heidi's been spending lots of time partying with her friends,' the source told DailyMail.com.

'She was also seen with Lewis Hamilton at the the Harper's Bazaar event. Friends are wondering if this could possibly be the end?'

Done: Heidi Klum confirmed that she and Schnabel (seen left and right in February) have officially split after three years together. This comes just two months after his arrest

In early September, Heidi was by her ex-husband Seal's side as she threw a big birthday party for one of her sons.

Heidi and Vito were last seen holding hands in NYC on August 20.

In June, eyebrows were raised when he was pictured kissing a mystery brunette.

Vito was spotted in an embrace with the woman in the early hours in London. This comes while Klum was in New York filming new episodes of America's Next Top Model.

Vito sent a statement to People which read: 'The claims that have been made are a misinterpretation of an entirely innocent situation.

'There is nothing more to this than I was simply saying goodnight to a family friend and we went on our separate ways.'

Vito was spotted leaving popular eatery Chiltern Firehouse with the unknown female, around 3.30am.

The brunette appeared enamored with Vito, and the couple reportedly kissed for around 30 seconds before jumping into a black cab and continuing their passionate display.

According to reports, Vito then left the taxi and entered his hotel alone, while she continued to another address.