Whether a family can ask a court to order addiction treatment depends on the state where the person is. Thirty-four states and Washington, DC allow involuntary commitment based on a primary substance use disorder; Louisiana allows it only for inpatient commitment, and Rhode Island’s separate route is limited to alcohol. That count comes from LAPPA’s 50-state summary, current as of December 2024. In other states the general law requires a separate mental illness, and a few laws cover only alcohol or only drugs.
Talk with our intervention team
Weighing your options? Talk with our intervention team. Your first call is free.
Not legal advice. This page is general information, not legal advice; speak with an attorney licensed in your loved one’s state before you act. Our intervention team is not a law firm. Where state law allows a court petition, our team works with your family’s attorney so the legal steps and the family plan fit together. Laws change and courts apply them differently, so read the official source for your state too.
Last reviewed: October 30, 2026. Our main research source is the 50-state summary published by the Legislative Analysis and Public Policy Association (LAPPA), Involuntary Commitment of Those with Substance Use Disorder, current as of December 2024. Every row in the table was checked against the state statute cited in it.
If someone is in danger right now, do not wait for a court. Call 911 for an overdose, violence or a medical emergency. Call or text 988 for thoughts of suicide or a mental health crisis.
How involuntary treatment works, in general
Every state’s process is different, but most share the same shape. Knowing it helps families decide whether a petition is realistic before spending weeks on paperwork.
- A petition. Someone the law allows, often a relative, files a sworn request with a court, usually in the county where the person lives or is found.
- Evidence of danger or incapacity. Courts generally need more than heavy use. Most laws ask for evidence that the person is a danger to themselves or others, cannot meet basic needs, or has lost the ability to make rational decisions about treatment because of the substance use.
- An evaluation and a hearing. A clinician examines the person, and a judge holds a hearing. The person usually has the right to a lawyer, and courts take that right seriously.
- A time limit. Orders are limited by statute, often to a few weeks or a few months, and the person may be released sooner if they no longer meet the criteria.
- Limited choice of program. In many states the court or the state decides where treatment happens, and it may be a public facility rather than the program the family would choose.
- Cost. Some laws put the cost of treatment on the person who files. Kentucky’s Casey’s Law is the best known example.
Things to weigh before filing
A court order can open a door that has been shut for years, and some families find it saved a life. It can also strain trust and end with a quick release. Before you file, ask:
- Does my loved one actually meet the legal standard in this state, or are we hoping a judge will see what we see?
- Is there a treatment bed available under this process, and where would it be?
- What happens on the day the order ends, and who will be there?
- Have we tried a well-planned family conversation first? Our guide on what to do if they say no covers options short of court.
State-by-state table
“Yes” means the state’s law can be used for a substance use disorder on its own. “Only with a mental illness” means the general commitment law applies only when the person also has a qualifying mental illness. “Who can usually ask” is a simplified summary; check the statute for the full list.
| State | Court-ordered treatment for substance use alone? | Main law | Who can usually ask the court | Official source |
|---|---|---|---|---|
| Alabama | Only with a mental illness | Ala. Code § 22-52-1.2 | Any person | Code of Alabama |
| Alaska | Yes | Alaska Stat. § 47.37.190(a) | Spouse, guardian, relative, a listed clinician, or a treatment facility administrator | Alaska Statutes |
| Arizona | Only with a mental illness | Ariz. Rev. Stat. § 36-533 | A responsible individual may file, subject to statutory evaluation requirements | Arizona Revised Statutes, Title 36 |
| Arkansas | Yes | Ark. Code Ann. §§ 20-64-801 et seq. | Any person who believes the person is homicidal, suicidal or gravely disabled | Arkansas State Legislature |
| California | Yes, through “grave disability” (SB 43) | Cal. Welf. & Inst. Code §§ 5008, 5150(a), 5201, 5352.1 | A family member cannot directly file a general court petition for a 5150 evaluation. A 5150 may be initiated only by a peace officer or specified designated professional. Family members may provide information and request an evaluation; LPS conservatorship proceedings are handled through the county process. | California Legislative Information |
| Colorado | Yes | Colo. Rev. Stat. § 27-81-112 | Spouse, guardian, relative, physician, nurse practitioner, facility administrator, peace officer or other responsible person | Colorado Revised Statutes |
| Connecticut | Yes | Conn. Gen. Stat. § 17a-685 | Any person, including a spouse, relative or conservator | Connecticut General Statutes |
| Delaware | Yes | Del. Code tit. 16, § 2211 | Anyone with knowledge of the person’s condition | Delaware Code, Title 16, Chapter 22 |
| District of Columbia | Yes (inpatient) | D.C. Code §§ 24-607, 24-702 to -715 | The District government, through its attorneys | Code of the District of Columbia |
| Florida | Yes (Marchman Act) | Fla. Stat. §§ 397.675, 397.6811 | Spouse, legal guardian, any relative, a service provider, or an adult with direct personal knowledge | Florida Statutes, Chapter 397 |
| Georgia | Yes | Ga. Code §§ 37-7-60 et seq. | Anyone, by petition under oath | Georgia General Assembly |
| Hawaii | Yes | Haw. Rev. Stat. §§ 334-60.2, 334-60.3, 334-141 | Any person (inpatient); a family member (outpatient) | Hawaii Revised Statutes |
| Idaho | Only with a mental illness | Idaho Code § 66-329 | Friend, relative, spouse, guardian, physician or listed officials | Idaho Statutes |
| Illinois | Only with a mental illness | 405 ILCS 5/1-129, 3-701 | Any adult | Illinois Compiled Statutes |
| Indiana | Yes | Ind. Code §§ 12-23-11.1, 12-26 | Any adult (temporary commitment); listed persons, including a friend, relative, spouse or guardian (regular commitment) | Indiana General Assembly |
| Iowa | Yes | Iowa Code § 125.75 | Any interested person | Iowa Code, Chapter 125 |
| Kansas | Yes | Kan. Stat. §§ 59-29b45 et seq. | Any person, including the head of a treatment facility | Kansas Statutes |
| Kentucky | Yes (Casey’s Law) | Ky. Rev. Stat. §§ 222.430-.437 | Spouse, relative, friend or guardian, who must agree to pay for the treatment | Kentucky Revised Statutes |
| Louisiana | Limited: inpatient only | La. Rev. Stat. §§ 28:2, 28:54-.56 | Any adult, or the Louisiana Department of Health | Louisiana State Legislature |
| Maine | Yes (inpatient) | Me. Rev. Stat. tit. 34-B, § 3864 | A health officer, law enforcement officer or other person | Maine Revised Statutes |
| Maryland | Only with a mental illness | Md. Code, Health-Gen. §§ 10-614, 10-617 | Any person with a legitimate interest in the individual’s welfare may apply, but involuntary admission requires a qualifying mental disorder; substance use disorder alone is not enough. | Maryland Code |
| Massachusetts | Yes (Section 35) | Mass. Gen. Laws ch. 123, § 35 | Spouse, blood relative, guardian, police officer, physician or court official | Mass.gov: File a Section 35 petition |
| Michigan | Yes | Mich. Comp. Laws § 330.1281a(2) | Spouse, relative, guardian or a health professional | Michigan Compiled Laws |
| Minnesota | Yes | Minn. Stat. §§ 253B.07, 253B.02 | Any interested person, after a prepetition screening | Minnesota Statutes, Chapter 253B |
| Mississippi | Yes | Miss. Code §§ 41-31-3(4), 41-31-5 | Spouse, child, parent, other relative or friend, or a county health officer | Mississippi Legislature |
| Missouri | Yes | Mo. Rev. Stat. § 631.115 | Any adult | Missouri Revised Statutes, Chapter 631 |
| Montana | Limited: alcohol only | Mont. Code Ann. § 53-24-302(1) | Spouse, guardian, relative, certifying physician, or chief of an approved public treatment facility | Montana Code Annotated |
| Nebraska | Yes | Neb. Rev. Stat. §§ 71-901 et seq. | The county attorney files; anyone can bring information to that office | Nebraska Revised Statutes |
| Nevada | Only with a mental illness | Nev. Rev. Stat. ch. 433A | See statute | Nevada Revised Statutes, Chapter 433A |
| New Hampshire | Only with a mental illness | N.H. Rev. Stat. Ann. §§ 135-C:34-:36 | Any responsible person may petition, but the person must meet the mental illness commitment standard. Substance use alone is not currently enough. | New Hampshire RSA 135-C |
| New Jersey | Only with a mental illness | N.J. Stat. §§ 30:4-27.1 et seq. | See statute | New Jersey Legislature |
| New Mexico | Only with a mental illness | N.M. Stat. §§ 43-1-10, 43-1-11(A), (G) | For a nonemergency adult case, an interested person may ask the district attorney to investigate, but only the district attorney may petition the court. Emergency evaluation may be initiated by specified clinicians or law enforcement. | New Mexico OneSource of Law |
| New York | Only with a mental illness | N.Y. Mental Hyg. Law art. 9; § 22.09 | See statute | New York Mental Hygiene Law § 22.09 |
| North Carolina | Yes | N.C. Gen. Stat. § 122C-281 | Anyone with knowledge of the person | North Carolina General Statutes |
| North Dakota | Yes | N.D. Cent. Code § 25-03.1-07 | Any adult, through the state’s attorney | North Dakota Century Code |
| Ohio | Yes (Casey’s Law) | Ohio Rev. Code §§ 5119.91-.98, especially § 5119.93 | Spouse, relative or guardian. The petitioner must also satisfy treatment arrangement and financial security requirements. | Ohio Revised Code |
| Oklahoma | Yes | Okla. Stat. tit. 43A, §§ 5-410 et seq. | Listed adults, including relatives, guardians, clinicians and peace officers | Oklahoma State Courts Network |
| Oregon | Only with a mental illness | Or. Rev. Stat. ch. 426 | See statute | Oregon Revised Statutes, Chapter 426 |
| Pennsylvania | Only with a mental illness. Pennsylvania’s Drug and Alcohol Abuse Control Act directs commitments to the Mental Health Procedures Act, and that Act does not permit commitment based on substance use alone. | 71 P.S. § 1690.105; 50 P.S. §§ 7102, 7304 | The county administrator or facility director initiates proceedings under the Mental Health Procedures Act process, not a general family petition for substance use. | Pennsylvania General Assembly |
| Rhode Island | Limited: alcohol | R.I. Gen. Laws §§ 23-1.10-10 et seq. | Mainly police, for a person incapacitated by alcohol | Rhode Island General Laws |
| South Carolina | Yes | S.C. Code §§ 44-52-10 et seq. | Any adult, or the head of a treatment facility | South Carolina Code, Chapter 52 |
| South Dakota | Yes | S.D. Codified Laws §§ 34-20A-70 et seq. | Spouse, guardian, relative, physician, facility administrator or other responsible person | South Dakota Codified Laws |
| Tennessee | Yes | Tenn. Code Ann. § 33-6-504; § 33-1-101(19) | A parent, legal guardian, legal custodian, conservator, spouse, responsible relative, licensed physician, qualifying licensed psychologist, health or public welfare officer, arrest-authorized officer, or chief officer of the facility where the person is | Tennessee General Assembly |
| Texas | Yes | Tex. Health & Safety Code §§ 462.062-.064 | A county or district attorney, or another adult | Texas Health and Safety Code, Chapter 462 |
| Utah | Yes. Utah’s Essential Treatment and Intervention Act permits court-ordered treatment for a substance use disorder alone when statutory criteria are met. | Utah Code §§ 26B-5-501(3)-(5), 26B-5-503, 26B-5-504 | Only an adult relative may petition: spouse, parent, stepparent, grandparent, child, or sibling | Utah Legislature |
| Vermont | Limited: drugs, not alcohol | 18 V.S.A. §§ 8401-8403; § 7611 | An interested party | Vermont Statutes, Title 18 |
| Virginia | Yes | Va. Code §§ 37.2-800, 37.2-808, 37.2-809 | A responsible person, treating physician, or magistrate on the magistrate’s own motion may initiate the emergency custody and temporary detention process. “Responsible person” expressly includes family, the community services board or behavioral health authority, a treating physician, a certified evaluator, and law enforcement. | Code of Virginia, Title 37.2, Chapter 8 |
| Washington | Yes (Ricky’s Law) | Wash. Rev. Code ch. 71.05 | A designated crisis responder; family members can ask a court to review a decision not to detain (Joel’s Law) | Revised Code of Washington, Chapter 71.05 |
| West Virginia | Yes | W. Va. Code § 27-5-2 | Any adult | West Virginia Code |
| Wisconsin | Yes | Wis. Stat. § 51.45(12)(b), (13)(a) | For regular alcohol or drug commitment, three adults must petition, at least one with personal knowledge. For emergency commitment, a physician, spouse, guardian, relative, or another responsible person may petition. | Wisconsin Statutes |
| Wyoming | Only with a mental illness | Wyo. Stat. §§ 25-10-101 et seq. | See statute | Wyoming Statutes, Title 25 |
Notes on the laws families ask about most
California: 5150 holds and SB 43
California’s Lanterman-Petris-Short Act allows a short emergency hold, commonly called a 5150, for evaluation and crisis care when a person is a danger to self or others or gravely disabled. SB 43, signed in 2023, expanded “gravely disabled” to include a severe substance use disorder, alone or with a mental health condition, when it leaves a person unable to provide for food, clothing, shelter, personal safety or necessary medical care. Counties could delay applying it until January 1, 2026, which is when Los Angeles County began. California’s CARE Court is a separate program for certain psychotic disorders and does not cover substance use alone.
Florida: the Marchman Act
Florida’s Marchman Act lets a spouse, guardian, relative, service provider or another adult with direct personal knowledge petition a court to order assessment and treatment for someone who is impaired by substance use and has lost self-control. An order for involuntary treatment can last up to 90 days. Florida revised its Marchman and Baker Act procedures in 2024, so older guides may describe steps that no longer apply.
Massachusetts: Section 35
Under Section 35, a spouse, blood relative, guardian, police officer, physician or court official can petition a district court. The court can commit the person for up to 90 days only if it finds an alcohol or substance use disorder and a likelihood of serious harm. The person receives a court-appointed lawyer, and treatment happens at a facility the state chooses, not one the family picks.
Kentucky and Ohio: Casey’s Law
Both states have a Casey’s Law that lets close family ask a court to order treatment for a person whose substance use creates a danger or threat of danger. A key difference from most states is cost. Both statutes require the petitioner to establish a treatment arrangement and financial coverage or guarantee. In Ohio, the law expressly requires specified financial security or coverage documentation. Families should know where the money will come from before they start.
Washington: Ricky’s Law and Joel’s Law
Since 2018, Ricky’s Law has folded substance use disorders into Washington’s Involuntary Treatment Act, so the same crisis process that applies to mental illness applies to addiction. A designated crisis responder decides whether to detain. If the responder declines, Joel’s Law lets certain family members ask a court to review that decision.
Texas and Minnesota
Texas allows court-ordered treatment for chemical dependency under Chapter 462 of the Health and Safety Code, with a petition from a county or district attorney or another adult. Minnesota’s civil commitment law, Chapter 253B, covers chemical dependency and generally requires a prepetition screening before a case goes to court.
New York and Illinois
Neither state has a general process to commit an adult for a substance use disorder alone. Both allow commitment when a person has a qualifying mental illness. New York also allows short emergency care for someone incapacitated by alcohol or drugs. Proposals to change these rules come up regularly, so check the current law.
Pennsylvania
Under current Pennsylvania law, substance use alone is not a general basis for adult civil commitment. The Drug and Alcohol Abuse Control Act (71 P.S. § 1690.105) directs commitments to the Mental Health Procedures Act, and that Act requires a qualifying mental illness. Proceedings are started by the county administrator or a facility director, not by a general family petition for substance use. Bills to change this have been proposed, so check the current law with a Pennsylvania attorney.
When your loved one lives in another state
Many families live in one state while the person they worry about lives in another. Venue and jurisdiction are governed by each state’s statute and commonly depend on where the person resides, is located, or is found. A parent in New Jersey worried about a son who lives in Florida, for example, would usually start with Florida’s Marchman Act, not New Jersey law. Confirm this with an attorney in the person’s state, because filing in the wrong place wastes time families rarely have.
Where an intervention fits
Court-ordered treatment and a planned intervention are not opposites. Many families start with a carefully prepared conversation because it keeps the decision in their loved one’s hands, and they turn to the law only if danger grows. Our intervention team can help you plan that conversation, arrange treatment options anywhere in the US and support the family afterward. For the legal steps, our team works with your family’s attorney; we do not give legal advice.
Read next: how to do an intervention, what happens after, or our addiction intervention services.
Frequently asked questions
Can you force an adult into rehab?
In many states a court can order treatment for a substance use disorder, but usually only with evidence of danger or an inability to care for oneself, and only for a limited time. Some states require a separate mental illness. This is general information, not legal advice.
Which states allow involuntary commitment for addiction?
Thirty-four states and Washington, DC allow involuntary commitment based on a primary substance use disorder; Louisiana allows it only for inpatient commitment, and Rhode Island’s separate route is limited to alcohol. Others allow it only alongside a mental illness, and a few cover only alcohol or only drugs. Check the table above and your state’s official source.
What is the Marchman Act?
The Marchman Act is Florida’s law for court-ordered assessment and treatment of substance use. A spouse, guardian, relative, service provider or another adult with direct personal knowledge can petition, and treatment orders can last up to 90 days.
What is Section 35 in Massachusetts?
Section 35 lets a spouse, blood relative, guardian, police officer, physician or court official petition a court to commit someone for up to 90 days when an alcohol or substance use disorder creates a likelihood of serious harm.
Does California’s SB 43 let families commit someone for addiction?
SB 43 expanded grave disability to include a severe substance use disorder that leaves a person unable to meet basic needs, safety or medical care. It works through California’s existing holds and conservatorships, which have strict standards. Talk with a California attorney about a specific case.
Who pays for court-ordered treatment?
It depends on the state. Some laws place the cost on the person who files, as Kentucky’s Casey’s Law does. Elsewhere, insurance, public programs or the state may pay. Ask the court clerk or an attorney before filing.
Talk with our intervention team
If you are trying to decide between a family intervention and a legal route, we can talk through the treatment side with you, wherever you live in the US.