MARCHMAN ACT

The Marchman Act, officially known as the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, is a Florida law that serves as a powerful tool for addressing substance use disorders (SUDs) in the state. Let’s explore its key aspects:

1. Purpose and Scope:

   • The Marchman Act aims to provide a means for both involuntary and voluntary assessment, stabilization, and treatment of individuals allegedly abusing alcohol or drugs.

   • It recognizes that some individuals may be unable to make sound decisions due to their substance abuse issues.

2. Involuntary Commitment:

   • While the Marchman Act encourages voluntary treatment, it also allows for involuntary commitment under specific circumstances.

   • Here’s how it works:

     • Criteria: The Act has specific criteria for its use.

     • Law Enforcement: Law enforcement officers can invoke the Marchman Act if they encounter someone obviously under the influence of substances in a public place.

     • Petition by Relatives: Relatives (guardians, spouses, etc.) can petition the court to involuntarily commit a person for substance use if:

       • The person is likely to harm themselves.

       • The person cannot comprehend the harm caused by their substance use.

     • Three Adults Petition: If three adults who know of a person’s substance use agree, they can also petition a judge for involuntary commitment.

3. Balancing Individual Rights and Public Safety:

   • The Marchman Act strikes a balance between individual autonomy and public safety.

   • It ensures that individuals receive necessary evaluation, stabilization, and treatment even when they resist seeking help.