{"id":11994,"date":"2026-10-24T02:50:50","date_gmt":"2026-10-24T02:50:50","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/document-substance-use-marchman-act\/"},"modified":"2026-10-28T02:43:09","modified_gmt":"2026-10-28T02:43:09","slug":"document-substance-use-marchman-act","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/document-substance-use-marchman-act\/","title":{"rendered":"Document Drug Use for Court in Florida: Marchman Act Guide"},"content":{"rendered":"\n
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Marchman Act and Guardianship Petitions | South Florida and Statewide<\/p>

Help Your Family Document Substance Use for a Florida Court<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters, helping families in Miami-Dade and across South Florida organize clear, court-ready information. Start with a free, confidential first consultation with no obligation to continue.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published October 23, 2026<\/p>\n\n

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If you need to document drug use for court in Florida, start with what the judge must decide. A Marchman Act case turns on facts you can show: impairment, loss of self-control, and harm or poor judgment. Clear, dated records help you describe those facts. This guide explains what to gather, how to keep it accurate, and where the limits are. It is general information, not legal advice.<\/p>\n

What a Marchman Act Petition Asks the Court to Consider<\/h2>\n

A Marchman Act petition asks a Florida court to decide whether a person meets the state’s criteria for involuntary services for substance abuse impairment. For the full overview, see our Marchman Act guide<\/a>.<\/p>\n

The main test is in Fla. Stat. \u00a7 397.675<\/a>. The court looks for a good faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder. It also looks for proof that, because of that impairment, the person has lost the power of self-control, and also that the person is in need of substance abuse services and, because of the impairment, cannot appreciate that need or make a rational decision about it, or that without care the person is likely to neglect himself or herself in a way that poses a real and present threat of substantial harm, and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or has inflicted, threatened, or attempted to inflict harm on himself, herself, or another.<\/p>\n

The petition focuses on impairment and how it affects the person’s ability to function. It does not focus on criminal charges. Your job is to collect facts that show those effects.<\/p>\n

Florida law also says who may file. For an adult, Fla. Stat. \u00a7 397.68112<\/a> allows a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and the person’s prior course of assessment and treatment to file. If you fall into one of those groups, the records below can help you explain your concerns.<\/p>\n\n

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If you're gathering records for a loved one, we can talk through your facts and what they may mean under Florida's Marchman Act process. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Florida Drug Laws and Why the Petition Focuses on Impairment<\/h2>\n

A drug crime and substance abuse impairment are two different questions. A Marchman Act petition asks about the second one. Florida’s drug laws cover possession and sale, which is a separate topic.<\/p>\n

That difference shapes what you collect. Proof that a substance was found in a car tells the court little about impairment. Proof that a person missed work for weeks, stopped eating, and could not manage bills tells the court much more.<\/p>\n

The same substance can matter differently from one person to the next. Your records should show the pattern of use, the person’s health, and the effect on work and home life.<\/p>\n

Signs of Substance Abuse in a Parent or Adult Family Member<\/h2>\n

The most useful signs are changes you can see, date, and describe in plain words. Compare what you see now with the person’s normal pattern. Common changes include:<\/p>\n