By Joe Considine, Marchman Act Attorney

Sept. 2024 – “We had no idea…,” is a common lament among the devastated families who find their way to our law firm. Far too many are unaware that help for addiction exists in the form of a confidential civil court order for involuntary commitment to treatment. After exhausting all avenues of pleading, begging, or waiting for a loved one to hit bottom, many of our clients have been surprised to learn that Florida’s Marchman Act is often an effective form of intervention.

For Marchman Act cases, neither the family (petitioners) nor their impaired loved one need to be residents of Florida. Out-of-state clients are relieved to learn that help is available in Florida. Far too few states have laws that offer help by way of involuntary commitment for substance abuse. The rising number of overdose deaths demands action from state legislatures.

Legal intervention is an appropriate response to destruction that continues to be caused by opioids, fentanyl, alcohol, crystal meth, high dose-THC cannabis, and other drugs.

Notably, the impact of high-dose THC cannabis has become increasingly prominent in our practice for those who have experienced cannabis-induced mania or even psychosis. Most Marchman Act cases integrate these and other co-occurring mental health disorders.

Last year, we represented the mother of a young man who was in treatment outside Florida. After leaving treatment against all advice, he was found lying naked in the street beating himself in the head with a brick, trying to get the voices to stop. His mother sobbed as she related that it wasn’t until an interventionist told her about Florida’s Marchman Act that she learned such help existed.

Getting the impaired individual to Florida, for however short a period of time, will subject that individual to the jurisdiction of the Court. Help can be ordered by the Court.

According to SAMHSA, Substance Use Disorder impacts more than 46 million people in the United States. 90% of them do not receive treatment. Florida offers hope through the Marchman Act.

Doubters say coercion oversteps—that it deprives the impaired of their civil liberties. Such claims ignore the neurobiological realities of addiction and may result in allowing people “to die with their rights on.” When pleasure seeking through drug abuse escalates into irrational pursuit, dangers—not only to the user but everyone in their path—cannot be contained. The neurobiological loss of autonomy in such circumstances cannot be reconciled with civil liberty. Autonomy is seldom, if ever, present in matters of chronic substance abuse. Rights are not lost. Lives are protected. Involuntary commitment can increase treatment participation, retention, and is at least as effective, if not more so, than voluntary treatment.

Successful outcomes require constant collaboration with interventionists, case managers, clinicians, and treatment facilities to get impaired individuals into treatment, and motivated to stay there long enough for their brains to “cool down”.

Through the Marchman Act, Florida exercises a form of parens patriae to mobilize help and save lives. Yes, there can be consequences for violating the law. But the legal pressure is maintained by the rationally thinking people who step in when the prefrontal cortex of their impaired loved one is no longer functioning in favor of well-being. Petitioners control the process.

Significant due process safeguards are built into the statute—including the right to legal counsel at all stages, notice, and opportunity to be heard. In addition, the burden of proof—clear and convincing evidence that Marchman Act criteria have been met—lies with the petitioner.

We represented the parents of a young woman who was on the street doing what she felt necessary to support her addiction. Our clients were conflicted. Mom was concerned that moving forward with a court order would lead their daughter to never speak to them again. While dad understood his wife’s concern, he insisted that estrangement as a consequence of action was more acceptable than the imminent possibility of having to stand at his daughter’s gravesite if they did nothing. For this family, doing everything possible to save their daughter’s life included relying on the court to intervene.

Involuntary commitment to treatment is not punishment for someone suffering from a chronic disease. Florida’s Marchman Act can lead a family into recovery, no matter where they live.

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