The legal field, despite its reputation for being slow-moving, is by no means in stasis. There have always been explorers in the profession who go into legal lands and frontiers unknown, and Joshua Kappel is one of those pathfinders.
Kappel is a founding partner of Vicente LLP, and Shawn Hauser, who nominated Kappel for Lawyer of the Year, told Law Week that he’s been instrumental in shaping the legal landscape in the cannabis and psychedelic sectors.
Hauser noted that Kappel has helped draft some of the policies and legislation that set precedent, including Colorado Proposition 122 and Amendment 64.
Amendment 64 legalized recreational marijuana in Colorado.
Proposition 122, also known as the Natural Medicine Health Act, decriminalized the possession and use of psychedelic mushrooms and certain plant-based psychedelic substances and mandated the state establish a regulating system for accessing the psychedelic substances outlined in the ballot measure.
Kappel’s involvement in the initiative was wide ranging. He co-authored the initiative and chaired the campaign committee.
He’s also been a foundational member of legal communities working to change the law in these areas. Hauser told Law Week that Kappel played a key role in launching the Psychedelic Bar Association, the International Cannabis Bar Association and Simplifya, which is state cannabis regulation compliance software. He’s also a founding board member of the Microdosing Collective.
Kappel told Law Week that his path began in middle America and that he grew up in a traditional suburban family.
He went to law school following a common goal for many individuals who pursue the profession, trying to make the world a better place. While his goal was a common one, his chosen practice area is not.
“There were many factors that brought me to this edge of the law, but underneath all of them is a fundamental belief that every human has a right to explore their consciousness in a manner that doesn’t harm others,” Kappel said.
Working in Uncharted Territory
“What I always tell my clients is that the only constant about the cannabis and psychedelic sectors is that they are always changing,” Kappel said. “That’s probably the most difficult part of my practice. It’s really rare to be able to provide concrete answers to my clients, because, in 19 out of 20 times, there is no precedent.”
Kappel’s work supports organizations of a broad range of structures, from nonprofits to multinational corporations. Hauser said that Kappel helps these companies and organizations navigate the complex legal challenges that come in the psychedelics sector, including corporate structuring, regulatory compliance and the intersection of state and federal laws.
“Operating in this area of law brings a lot of personal fulfillment because I get to use my creativity to shape brand-new industries,” Kappel said. “It’s especially fulfilling when I have the privilege of watching my client’s business grow from an idea in a boardroom to a life-changing exit.”
2024 saw a lot of work for Kappel in the legal frontier for psychedelics, as he helped to shape the implementation of the NMHA with his work as senior policy advisor for the Healing Advocacy Fund.
“In that role, he has testified at every public rulemaking meeting related to natural medicine, provided legal and policy guidance that influenced key regulations, assisted in organizing countless written comments and public testimonies, and spoken at numerous public events and webinars to educate the public on the latest developments,” Hauser said.
Hauser noted that through those efforts, Kappel has helped the state develop frameworks for safe facilitator training, equitable licensing and protections for participants and contributed to the state’s psychedelic program that offers both therapeutic and community healing pathways. Kappel has also represented some of the first approved facilitator training programs in the state.
“His legal guidance was instrumental in helping the training programs navigate the complexities of the newly established regulatory framework,” Hauser said. “By advising on compliance and operational requirements, Mr. Kappel helped ensure that these programs could effectively train facilitators to provide safe and professional services under the NMHA.”
For Kappel, it’s the culmination of more than four years of work, from the drafting of the measure several years ago to his work implementing the successful ballot measure.
“My biggest source of pride is watching the program launch on January 1st of this year,” Kappel said. It’s not just my accomplishment, though. It’s the accomplishment of the community, the regulators, and all who helped build this program.”
Why He’s Working to Change the Law
Kappel said that psychedelic medicine has helped thousands of people change their life for the better, even if it isn’t for everyone.
“The research at many universities, including Johns Hopkins and NYU, proves that psychedelic care can be effective in treating depression, addiction, anxiety, and PTSD,” Kappel said. “With our mental health crisis spiraling out of control, practitioners need all the tools they can get to help their patients.”
He harkened back to the previous few decades, when numerous organizations in both Colorado and across the country were fighting to change the laws that outlawed marijuana.
But as he works to bring psychedelic treatment into the modern mainstream, Kappel doesn’t want to forget those who have used certain psychedelic substances and plants for hundreds of years, or longer.
“It’s also important that as we create access to natural medicines and psychedelic care, we do not forget the Indigenous communities that have stewarded this knowledge and these medicines,” Kappel said. “It’s vital for people operating in this space to engage in some form of benefit sharing or benefit honoring, where they give back to the communities that have traditionally held these medicines sacred.”