The Marchman Act: Florida’s Law for Involuntary Drug Treatment
If you’re concerned that a loved one’s substance use has become a crisis, Florida’s Marchman Act provides a way for families to get them help, even if they are unable to seek it for themselves. This page explains how this structured intervention process works.
What Is the Marchman Act?
The Marchman Act, also known as the Hal S. Marchman Alcohol and Other Drug Services Act, is a law that was passed in 1993 in the State of Florida.1 The Marchman Act provides a structured pathway to care for individuals who are unable to make safe decisions for themselves due to a substance use disorder.
While voluntary treatment is always the goal, the Marchman Act provides a structured pathway for court-ordered assessment and stabilization when an individual is unable to seek help for themselves.1,2
How to Marchman Act Someone
Ideally, you will be able to convince your loved one to go to a treatment facility voluntarily without needing to utilize the Marchman Act. If the facility determines that the person needs treatment, hopefully, they will then agree to a voluntary admission.
However, if the person refuses treatment assessment for a substance use disorder, you have the option to petition the court to exercise the Marchman Act and commit the person involuntarily to addiction treatment.
Here are the steps involved:
1. Contact a Treatment Facility
You first need to contact a treatment facility to ensure that there is a bed available for your loved one.2 The treatment center will discuss:2
- If a bed is/will be available.
- Payment for these services.
- Whether they accept the individual’s insurance (if applicable).
2. File the Petition
If the individual refuses voluntary treatment, you may file a petition under the Marchman Act.
Your county clerk’s office, such as those in Pasco County or Miami-Date County, have links that provide the necessary forms that must be completed. In your petition, you must:2
- Provide a full description of the person, including physical characteristics.
- Provide details on where they can be found.
- State which facility the person will be taken to.
- State the day and time that the treatment facility has told you a bed will be available for admission.
- Provide a list of any medical conditions he or she may have and a list of current medications (if applicable).
3. Attend the Hearing
Once the petition is filed, the hearing will be held within 10 days, or the court may issue an ex parte order immediately.2
If the judge agrees to the petition, law enforcement will serve the person with the Marchman Act order and try to get them to attend the treatment facility. If the person does not agree to go voluntarily, law enforcement will take them against their will.2
What If Someone Wants to Get Out of a Marchman Act?
Note: While this section explains how to file a Marchman Act petition, some individuals may attempt to get out of a Marchman Act once it’s been initiated. If you or a loved one is navigating that situation, it’s important to seek legal counsel about your rights and options.
Benefits of the Marchman Act
For some people, the Marchman Act is a life-changing law for long-term abstinence from drugs or alcohol. It offers:
- A path to safety when someone can’t see the risk. For families watching a loved one grapple with addiction, the Marchman Act offers a way to intervene when the person can’t (or won’t) acknowledge the danger they’re in.
- Legal authority and accountability. Because it’s a court-ordered process, the Marchman Act carries legal weight. This can encourage individuals to take treatment seriously and reduce the likelihood of walking away before completing a program.
- Structure and supervision. Court involvement means treatment is more closely monitored, with timelines, follow-up, and the possibility of extended care if necessary.
- Voluntary participation is still encouraged. The law is designed to prioritise voluntary treatment, allowing people the chance to accept help before a court mandates it. This helps preserve dignity and autonomy when possible.
A Difficult Step—But Sometimes a Necessary One
Deciding to use the Marchman Act isn’t easy. It’s often a last resort after every other path has been exhausted, and it can place significant stress and emotional strain on everyone involved. But for many families, it becomes a turning point—the moment when real healing and recovery begin.2
The Marchman Act: Frequently Asked Questions
Marchman Acts & Similar Laws in Other States
Other states have similar ways of committing a person to treatment involuntarily. Overall, 38 states have some type of commitment procedure related to substance use treatment.4 Some of these include:
Take Our Substance Abuse Self-Assessment
Take our free, 5-minute substance abuse self-assessment below if you think you or someone you love might be struggling with substance abuse. The evaluation consists of 11 yes-or-no questions that are intended to be used as an informational tool to assess the severity and probability of a substance use disorder. The test is free, confidential, and no personal information is needed to receive the result.
