Marchman Act in Miami

Helping Miami Families Through Addiction Crises

Addiction pulls in everyone around it: parents, partners, and children. Our Miami Marchman Act attorneys help families take legal action when a loved one cannot see how much danger they are in. Florida created the Marchman Act in 1993 so families would have a real way to step in. The law lets you petition a court for assessment, stabilization, and treatment for someone caught in drug or alcohol use who refuses help on their own.

The Marchman Act and Miami-Dade County

The Marchman Act in Miami-Dade County

Miami-Dade is unusual in the statewide picture. In 2023, it recorded one of the lowest drug overdose death rates in Florida, around 14 deaths per 100,000 residents, far below hard-hit counties in the Panhandle. Statewide, fentanyl-related deaths fell sharply in 2024, according to the Florida Medical Examiners Commission.

Lower numbers do not mean Miami families are spared. Cocaine remains a serious problem across the county, the nightlife scene can pull people deeper into use, and a single overdose can end a life. When you are watching someone you love spiral, the Marchman Act can be the step that finally gets them into care. Petitions are filed in the Eleventh Judicial Circuit Court in and for Miami-Dade County.

Understanding the Law

What the Marchman Act Does

The Marchman Act lets families ask a court to order help for someone who has lost control of their substance use. It is meant for people who:

  • Can no longer control how much they use
  • Cannot make clear choices because of chemical dependence
  • Put themselves or others in danger

After a petition is accepted, the person is evaluated, and a judge decides the next step.

Substances the Law Covers

The Marchman Act reaches a broad list of substances, and in Broward County fentanyl and opioids drive much of the harm. The law also covers:

  • Alcohol

  • Benzodiazepines

  • Cocaine

  • Crack

  • Heroin

  • Inhalants

  • Pharmaceuticals

  • Opioids

  • Over-the-counter medication

  • Methamphetamine

Acting early, with experienced legal help, improves your loved one’s odds of recovery.

Legal Criteria

When a Court Can Order Treatment

Judges do not order treatment lightly. The case must show:

  • Clear proof the person may harm themselves or others
  • Good reason to believe they cannot recognize their own need for help

Repeated DUI arrests, for example, can serve as evidence. Most families turn to the Marchman Act only after other efforts have failed.

Eligibility

Who Can File a Petition

You need a close link to the person, such as a spouse, legal guardian, or relative. Three adults with direct knowledge of the addiction can also file together. When no close contact exists, an employer, doctor, teacher, or law enforcement officer may file an emergency petition. Our attorneys can also explain how the Marchman Act process works from filing to treatment.

FAQ

Frequently Asked Questions

No. The Marchman Act is a civil process, not a criminal one. The goal is treatment and safety, not punishment, so it does not create a criminal record.

The Marchman Act covers substance abuse. The Baker Act covers mental health crises. They are separate laws, though some families need both. We can help you figure out which one fits your situation.

An emergency, ex parte petition can prompt a court order quickly when someone is in immediate danger. Timelines vary by the Eleventh Circuit’s schedule, but emergency cases are treated as urgent.

After the court-ordered assessment, a qualified professional reports back. If treatment is needed, the court can order it, often for up to 90 days, with extensions possible if more care is required.

Yes. Alcohol is a covered substance. Families often use the Marchman Act when a loved one’s drinking has become dangerous and they refuse help.

Urgent Situations

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