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 cocaine (e.g. crack/powder).
The Florida Marchman Act is a law designed to help individuals who: (1) have lost the power of self-control over their substance use; (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 and/or others; and, (4) simply refuse to enter into treatment voluntarily for their substance abuse problems.
As Florida Marchman Act Attorneys, we generate an order issued by a civil court that requires an impaired individual to enter into a drug and alcohol assessment, stabilization and long-term treatment. The key to the effectiveness of the Marchman Act court order is that the addicted individual must comply with any drug and alcohol assessment, stabilization and treatment or face significant consequences for their failure to do so. Under the 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 Lawyers at Addiction Recovery Legal Services use the Florida Marchman Act as an important intervention tool. We can obtain a legal order to immediately deliver the individual to a licensed facility for assessment, detox and stabilization. An emergency order can even be entered without a hearing being held.
The Florida Bar Association interviewed Attorney Alan Levine for their radio program, Legal News & Review. To hear this broadcast – a discussion on the Florida Marchman Act – click this link.