If someone is in immediate danger, call 911 now.
If your loved one's substance use has become dangerous and they refuse help, Florida gives families a legal path: the Marchman Act. It lets you ask a court to order assessment and, if needed, treatment — even without the person's consent. This guide walks the process in plain language so you know what you're stepping into before you file.
What the Marchman Act Is
The Marchman Act is Chapter 397 of the Florida Statutes, formally the Hal S. Marchman Alcohol and Other Drug Services Act. It provides for both voluntary admission and involuntary assessment, stabilization, and treatment of a person who has lost the power of self-control over their substance use. It is Florida's substance-use counterpart to the Baker Act, which covers mental-health crises — see our companion guide on the Baker Act vs. the Marchman Act for how the two differ.
Key Takeaway
The Marchman Act (Ch. 397, Fla. Stat.) is Florida's civil-commitment law for substance use, and families themselves can start it by petitioning the court.
Who Can Petition
For an adult, a petition for involuntary services can be filed by the person's spouse or legal guardian, any relative, a treatment service provider, or an adult who has direct personal knowledge of the person's substance use and their past assessment and treatment. For a minor, a parent, legal guardian, or treatment service provider may petition. Petitions are filed with the clerk of court in the county where the person is located.
What You Have to Show
The court is not going to order treatment simply because you are frightened, and understanding that up front saves heartache. The petition must show, in essence, that because of substance use the person has lost the power of self-control and either has become incapable of appreciating their need for care or presents a risk of harm to themselves or others. Heavy use alone is not the standard — the loss of control plus risk or incapacity is.
The Two Stages, and How Long Each Lasts
Under Florida Statutes, Chapter 397, one petition for involuntary services covers the whole process. If there is an emergency, the petition can ask the court for an involuntary assessment and stabilization order, which is carried out while the court hearing on treatment is pending. Once the person arrives at a licensed facility, a qualified professional must assess them within 72 hours. That window can run longer if the person is in withdrawal or needs detox or medical care (though not past the scheduled hearing date unless the court approves), or if the facility asks the court for more time and the court grants it. At the hearing, if the legal criteria are proven, the court can order involuntary treatment services for up to 90 days. If the person still meets the criteria as that period ends, a renewal petition can be filed and, after another hearing, the court can order up to 90 more days.
Many families use the assessment stage as a bridge to voluntary engagement rather than a substitute for it. Someone who is stabilized and clear-headed after several days in care is a different person to talk to than someone in active crisis.
Key Takeaway
One petition covers the process. Assessment must happen within 72 hours of arriving at a licensed facility, longer if the person is in withdrawal or the court allows more time. Court-ordered treatment lasts up to 90 days and can be renewed, after another hearing, for up to 90 more days at a time.
Cost and Whether You Need a Lawyer
You can file pro se — on your own — through the clerk's office, and the clerk may not charge a fee to file the petition. Because the paperwork is time-sensitive and the process involves a court hearing, some families hire a Marchman Act attorney, but it is not required. Treatment costs are separate and depend on insurance and the facility; our pillar guide covers paying for rehab in more detail.
What the Marchman Act Can't Do
It is not a cure, it does not guarantee long-term recovery, and it can strain trust. A court order creates a window; what happens inside that window is treatment, and recovery is a longer road. It also isn't "lockdown" — the person is at a licensed treatment facility under a time-limited order, not warehoused indefinitely, and retains patient rights.
Finding a Facility
Rehab Connect doesn't recommend specific facilities — we're a directory. When you're ready, you can browse licensed facilities in Florida and contact them directly to ask about admissions, Marchman Act experience, insurance, and levels of care. Outside Florida, browse by state to see what's near you. For the full picture of options before, during, and after a petition, start with the pillar guide, How to Get Someone Into Rehab Who Doesn't Want to Go.
Related Reading
How to Get Someone Into Rehab Who Doesn't Want to Go Baker Act vs. Marchman Act Casey's Law (Kentucky & Ohio) Section 35 (Massachusetts) Florida Drug Rehab GuideFrequently Asked Questions
Who can file a Marchman Act petition?
A spouse or legal guardian, any relative, a treatment service provider, or an adult with direct personal knowledge of the person's substance use and past assessment and treatment. For a minor, a parent, legal guardian, or treatment service provider may petition.
How long can someone be held?
A qualified professional must assess the person within 72 hours of their arrival at a licensed facility. That can run longer if the person is in withdrawal or needs detox or medical care, or if the court grants the facility more time. After a hearing, the court can order involuntary treatment for up to 90 days, and that order can be renewed after another hearing for up to 90 more days at a time.
Do I need a lawyer?
No — you can file on your own through the county clerk, and the clerk may not charge a fee to file the petition. Many families still use an attorney because the process involves a court hearing.
Is it the same as the Baker Act?
No. The Baker Act (Chapter 394) is for mental-health crises; the Marchman Act (Chapter 397) is for substance use.
Crisis and Support Resources
- Immediate danger, medical emergency, or suspected overdose — call 911.
- 988 Suicide & Crisis Lifeline — call or text 988 (free, confidential, 24/7).
- SAMHSA National Helpline — 1-800-662-HELP (4357) (free, confidential treatment referral and information, 24/7, English & Spanish).
- Find licensed treatment — FindTreatment.gov, SAMHSA's free, ad-free treatment locator.
This page is drawn from SAMHSA, NIDA, and primary state statutes. It is educational information, not medical or legal advice. Laws and statute sections change — confirm current requirements with a local attorney or your county clerk. Rehab Connect USA is an informational directory; we do not place people in facilities or route calls. Browse licensed facilities and contact them directly.
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