Florida Statute Chapter 397

What is the Florida Marchman Act?

The Marchman Act is Florida's law that allows families to petition the court for involuntary assessment and treatment of a loved one struggling with substance abuse. Learn how this powerful legal tool can help save lives.

Quick Facts

Florida Statute Chapter 397
Type Civil (Non-Criminal)
Treatment Duration Up to 90 Days
Coverage All 67 FL Counties

Understanding the Marchman Act

The Florida Marchman Act, officially known as the Hal S. Marchman Alcohol and Other Drug Services Act, is a Florida statute that provides a legal mechanism for families to seek involuntary assessment and treatment for individuals suffering from substance abuse disorders.

Named after Hal S. Marchman, a renowned addiction counselor and advocate, this law was enacted in 1993 to address situations where individuals with severe addiction are unable or unwilling to seek treatment voluntarily. The Act recognizes that substance abuse disorder is a disease that impairs judgment, making it impossible for some individuals to recognize their need for help.

How the Marchman Act Works

The Marchman Act allows concerned family members, friends, or healthcare professionals to petition the court for an emergency or non-emergency intervention. There are three main pathways under the Act:

1. Emergency Admission

Law enforcement or certain professionals can initiate protective custody for up to 72 hours when an individual is impaired and poses an immediate threat to themselves or others.

2. Voluntary Petition

Family members or three concerned adults can file a petition requesting the court order an assessment. This is the most common approach.

3. Court-Ordered Treatment

Following assessment, if the individual meets criteria, the court can order treatment for up to 60 days, with a possible 30-day extension.

Why the Marchman Act Matters

Addiction is unique among diseases because it attacks the very part of the brain responsible for decision-making and self-awareness. Many individuals suffering from severe addiction genuinely cannot recognize the danger they're in. They may refuse help, deny they have a problem, or become hostile toward those trying to help them.

The Marchman Act provides a legal framework that acknowledges this reality. It allows families to intervene when:

  • The person has lost the ability to control their substance use
  • They are a danger to themselves or others
  • They refuse voluntary treatment
  • They are unable to make rational decisions about their own care

What the Marchman Act Covers

The Marchman Act applies to all forms of substance abuse, including:

Alcohol Including alcoholism and binge drinking
Opioids Heroin, fentanyl, prescription painkillers
Stimulants Cocaine, methamphetamine, amphetamines
Benzodiazepines Xanax, Valium, Klonopin
Prescription Drugs Any prescription medication abuse
Other Substances Synthetic drugs, inhalants, etc.

Why Consider It

Benefits of the Marchman Act

Saves Lives

Addiction is fatal if untreated. The Marchman Act provides a legal pathway to get your loved one into life-saving treatment when they refuse to go voluntarily.

No Criminal Record

The Marchman Act is a civil proceeding. Using it does not create a criminal record, protecting your loved one's future opportunities.

Court Authority

The court can order the individual to remain in treatment, reducing the risk of leaving against medical advice (AMA).

Extended Treatment

Court-ordered treatment can last up to 90 days—long enough for your loved one to stabilize and begin meaningful recovery.

Family Involvement

The process keeps families informed and involved, improving outcomes through a support system.

Professional Care

Treatment must be provided by licensed facilities meeting state standards, ensuring quality care.

Eligibility

Who Qualifies for the Marchman Act?

For the court to order involuntary treatment, the individual must meet specific criteria established by Florida law.

1

Substance Abuse Impairment

The individual must have a substance abuse problem that impairs their judgment or decision-making ability.

2

Loss of Self-Control

They have lost the power of self-control with respect to substance use and cannot voluntarily stop using.

3

Danger to Self or Others

Without treatment, they pose a danger to themselves or others, OR they are incapable of making rational decisions about their care.

Not sure if your loved one qualifies? We can help you evaluate your situation.

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Clearing Up Confusion

Common Misconceptions About the Marchman Act

"It's like putting someone in jail"

The Truth: The Marchman Act is a civil, not criminal, proceeding. Your loved one goes to a treatment facility, not jail. There is no criminal record. The goal is healing, not punishment.

"They'll hate me forever"

The Truth: Many individuals, once sober, express gratitude that their family intervened. Addiction impairs judgment—the anger they feel initially is often the disease talking, not your loved one.

"Forced treatment doesn't work"

The Truth: Research shows that court-mandated treatment can be just as effective as voluntary treatment. The key is getting the person stabilized long enough for the brain to begin healing.

"I need to be a family member to file"

The Truth: While family members can file, so can any three adults who have knowledge of the person's substance abuse. This includes friends, coworkers, or neighbors.

"It's too expensive"

The Truth: Many treatment options exist, including insurance coverage and state-funded programs. The cost of inaction—medical emergencies, job loss, or death—is far greater.

History

The Story Behind the Marchman Act

The Marchman Act is named after Hal S. Marchman, a pioneering Florida addiction counselor who dedicated his life to helping individuals struggling with substance abuse.

Marchman recognized that addiction is a disease that often robs individuals of their ability to seek help voluntarily. He advocated for a legal framework that would allow families to intervene while still protecting the individual's rights.

The Act was passed by the Florida Legislature in 1993 and has since helped thousands of Florida families get their loved ones into treatment. It represents a balanced approach that acknowledges both the reality of addiction and the importance of due process.

1993 Marchman Act signed into law
2009 Significant amendments to strengthen protections
Today Continues to save lives across Florida

"Addiction is a disease that tells you that you don't have a disease. Sometimes, the most loving thing a family can do is intervene."

— Florida addiction treatment advocate

Get Expert Guidance on the Marchman Act

Our team has helped over 2,500 Florida families navigate the Marchman Act. We're available 24/7 to answer your questions and help you understand your options.

Call (833) 995-1007

Free, confidential consultation. No obligation.