An Introduction to the Florida Marchman Act

The Florida Marchman Act is a civil procedure that allows the friends or family of a substance abuser to confidentially petition the court to obtain confidential court ordered assessment, stabilization and long term treatment. Substance abuse or addiction can involve alcohol, illegal drugs and/or prescription drugs like hydrocodone (e.g. Vicodin), Roxicodone, oxycodone (e.g. Oxycontin), or, benzodiazepines (e.g. Xanax/Valium). Illegal, non-prescription drugs like marijuana, Methamphetamine, MDMA (e.g. Ecstasy), LSD, heroin and/or different forms of cocaine (e.g. crack/powder) can also be abused easily.

The Florida Marchman Act is a law designed to help individuals who: (1) have lost the power of self-control over their substance abuse; (2) do not appreciate their own need for care and cannot make rational decisions regarding their care as a result of their substance abuse; (3) have become a danger to themselves or others; and, (4) most importantly, the Florida Marchman Act is an effective legal tool to help individuals who simply refuse to enter into treatment voluntarily for their substance abuse problems.

Through the Florida Marchman Act, a civil court of law can issue an order that requires an impaired individual to enter into a drug and alcohol, assessment, stabilization and long-term treatment. The key to Marchman Act court order is that the impaired individual must comply with any drug and alcohol, assessment, stabilization and treatment or face significant consequences for their failure to do so. Under the Florida Marchman Act, a substance abuser cannot refuse help once a court order is issued. Only through sobriety and remaining in treatment can the addict avoid sanctions by the court. The Marchman Act courts are designed and geared toward getting addicts help.

Addiction Recovery Legal Services uses the Florida Marchman Act as an important intervention tool. Should an individual’s substance abuse problem create an immediate danger to themselves or others we can obtain an emergency order to immediately deliver the individual to a licensed facility for assessment, detox and stabilization. This emergency order can even be entered without a hearing ever being held.

Legal Services for Florida Marchman Act Applications

The experienced attorneys at Addiction Recovery Legal Services can assist you in obtaining court ordered drug and alcohol intervention, assessment and treatment for your family member or friend. As part of this process, we work with you to oversee:

• Your loved one’s initial assessment
• Subsequent substance abuse stabilization and treatment for drug or alcohol abuse
• Adherence to all court orders
• Patient confidentiality