ROUTT COUNTY, Colo. (KDVR) — A special agent with the U.S. Forest Service, Law Enforcement and Investigations arrested a man on Saturday for possession of fentanyl with the intent to distribute at the Rainbow Gathering.

According to an affidavit, the agent smelled marijuana coming from a parked car along Route County Road 80 in the Routt National Forest. Due to possession of marijuana being illegal on national forest land, the agent decided he had probable cause to search the vehicle.

Tory Shane Smart and an unnamed driver were asked to step in front of the vehicle while the agent conducted his probable cause search, the affidavit said. The agent discovered a Sig Sauer 9mm firearm that had a round in the chamber in a holster in the trunk and a loaded magazine near the center console of the car. The unnamed driver told the agent the gun was his.

The agent also found a straw with a white powdery substance that the unnamed driver said was fentanyl. A pill bottle with approximately 20 grams of fentanyl was found along with two marijuana cigarettes, seven grams of marijuana and marijuana paraphernalia that Smart claimed to be his.

A bag with about 250 unused pill capsules was discovered and the agent believed the evidence to be an intent to distribute.

“Based on my training and experience, I believe that the contents of Smart’s Bag reveal that Smart intended to distribute the fentanyl in his possession,” the affidavit stated.

The agent also stated in the document that Smart and the unnamed driver “possessed the Sig Sauer in the trunk of the vehicle to protect the drugs that they intended to sell at the Rainbow Gathering.”

Smart was arrested and transported to the Moffat County Sheriff’s Office.

The arresting agent learned that Smart has criminal history records in Oklahoma, Colorado, and Oregon. Smart was found guilty of second-degree robbery in Oklahoma on June 14, 2019, and was sentenced to five years’ imprisonment, but served time from June 25, 2019 to June 30, 2021.

Rainbow Family Gathering activity

According to the Rainbow Family Gathering’s website, the event is officially held from July 1 through July 7 and the festivities officially kicked off on Friday, July 1. Many members have been arriving at the forest for weeks as the gathering is expected to draw 10,000 people to Routt National Forest.

“This year law enforcement officers are finding large amounts of illegal drugs coming into or at the gathering,” the Public Information Officer for the National Rainbow Gathering Incident team Hilary Marki explained. “We’ve found a large amount of fentanyl, we’ve also found LSD, heroin, methamphetamines, psychedelic mushrooms, cocaine [and] marijuana just to name a few.”

As of Sunday, 451 law enforcement actions, ranging from inoperable equipment to narcotics, have been given out and the attendance of the event was estimated at 9,100 people.