{"id":1015,"date":"2026-09-20T02:32:08","date_gmt":"2026-09-20T02:32:08","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-grounds-filing\/"},"modified":"2026-10-20T18:53:48","modified_gmt":"2026-10-20T18:53:48","slug":"marchman-act-grounds-filing","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-grounds-filing\/","title":{"rendered":"Marchman Act Grounds for Filing in Florida"},"content":{"rendered":"\n
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Marchman Act<\/p>

Grounds for Filing a Marchman Act Petition in Florida<\/h1>

Understanding when you can petition the court for involuntary assessment and treatment of substance use disorder.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published September 20, 2026<\/p>\n\n

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Marchman Act Grounds for Filing in Florida<\/h2>\n

A Marchman Act petition can only be filed when specific legal conditions\u2014called “grounds”\u2014are present. Understanding these grounds helps you determine whether a Marchman Act petition is the right step for your situation, and what evidence you’ll need to gather before moving forward.<\/p>\n\n

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If you're weighing whether a Marchman Act petition fits your loved one's situation, reach out to discuss the grounds that may apply\u2014families facing this decision can contact us. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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What Are Marchman Act Grounds?<\/h2>\n

Marchman Act grounds are the legal conditions that must exist before a court will consider a petition for involuntary treatment of substance use disorder. They’re defined in Florida Statute \u00a7 397.675<\/a> and apply exclusively to addiction and substance use disorders\u2014not to mental illness alone or other conditions.<\/p>\n

The law sets a specific threshold. Not every substance use situation qualifies. The person’s condition must meet at least one of three legal grounds. Without grounds, a petition will likely be dismissed.<\/p>\n

The Three Core Grounds for Filing a Marchman Act Petition<\/h2>\n

Florida law recognizes three distinct grounds for filing a Marchman Act petition. Each focuses on a different aspect of substance use disorder and its consequences.<\/p>\n

Ground 1: Substance Use Disorder + Refusal or Inability to Seek Treatment<\/strong><\/p>\n

The person has a substance use disorder and refuses or is unable to seek treatment voluntarily. This ground does not require an immediate crisis. It applies to ongoing, untreated addiction where the person has rejected help or lacks insight into their condition.<\/p>\n

Ground 2: Immediate Threat of Serious Bodily Harm<\/strong><\/p>\n

The person’s substance use creates a direct, immediate risk of serious physical harm to themselves or others. Examples include overdose risk, driving under the influence, violence while intoxicated, or self-harm behavior. “Immediate” means the danger is present now or imminent\u2014not theoretical or distant.<\/p>\n

Ground 3: Incapacity to Consent Due to Substance Use Disorder<\/strong><\/p>\n

The person’s addiction has impaired their judgment or decision-making capacity regarding treatment. They cannot rationally weigh the need for treatment against their desire to continue using. This ground recognizes that active addiction can prevent someone from making informed choices about their own care.<\/p>\n

Ground 1: Substance Use Disorder + Refusal or Inability to Seek Treatment<\/h2>\n

The first ground focuses on the combination of addiction and unwillingness or inability to seek help. The person must have a documented or observable substance use disorder\u2014meaning a pattern of use that goes beyond occasional or recreational use.<\/p>\n

According to the National Institute on Drug Abuse<\/a>, addiction is characterized by compulsive drug-seeking and use despite harmful consequences. This definition aligns with how Florida courts evaluate whether someone meets the threshold for involuntary treatment.<\/p>\n

Refusal or inability takes several forms:<\/p>\n