Wednesday, December 14, 2011

Marijuana Use Rises in Popularity Among Teens | The Partnership at Drugfree.org

Department of Transportation Announces Nationwide Crackdown on Drunk Driving | The Partnership at Drugfree.org

Department of Transportation Announces Nationwide Crackdown on Drunk Driving | The Partnership at Drugfree.org

New Government Program Aims to Protect Children From Accidental Drug Overdoses | The Partnership at Drugfree.org

New Government Program Aims to Protect Children From Accidental Drug Overdoses | The Partnership at Drugfree.org

South Shore drug sweep nets 63 people; police say fake prescriptions used

South Shore drug sweep nets 63 people; police say fake prescriptions used

Mexican Drug Smugglers Go Underground With Surprisingly Sophisticated Tunnels


Lebanese Drug Lord Charged in US: Links to Zetas and Hezbollah

Lebanese Drug Lord Charged in US: Links to Zetas and Hezbollah: A Lebanese drug kingpin who allegedly has connections to the Zeta drug cartel and Hezbollah has been charged with drug dealing and money laundering, the Justice Department and DEA announced today. Ayman Joumaa, a.k.a “Junior,” and his associates allegedly shipped an estimated 85,000 kilograms of...

Mexico Zeta drug gang leader 'El Lucky' arrested

Monday, December 12, 2011

Treatment Admissions for Prescription Drug Abuse Jumped 430 Percent in 10 Years | The Partnership at Drugfree.org

Treatment Admissions for Prescription Drug Abuse Jumped 430 Percent in 10 Years | The Partnership at Drugfree.org

A Family Guide to the Florida Marchman Act

Let me introduce myself. My name is Raymond G. Ferrero III, Esq. I am a Partner and Director of Addiction Recovery Legal Services, LLC of Florida, the Executive Director of Heath Affairs for Nova Southeastern University’s Health Professions Division and  a former Gubernatorial Appointee for the Florida Statewide Drug Policy Advisory Committee.

It is my great pleasure to be writing this brief overview of the Florida Marchman Act on behalf of myself and law partner Alan S. Levine, Esq. For over a decade, we have been actively involved with South Florida’s Marchman Act Court and firmly believe that the Marchman Act is a families greatest resource and tool for addressing substance use and abuse within the family unit.

The Florida Marchman Act is a law that was written to provide those in need with confidential, court ordered and monitored drug and alcohol assessment, stabilization and treatment. Although the Florida Marchman Act is not limited to simply addressing substance abuse issues for juveniles and adolescents, I will - for the purpose of this discussion - review the Florida Marchman Act as it would be applicable and utilized by parents and primary caregivers.

What is the Florida Marchman Act?

Most simply put, the Florida Marchman Act is a civil procedure that allows the friends or family of someone who is substance abuse impaired to confidentially petition and ask the court to help them address their loved one's substance abuse problem.

Based upon this petition, the court can issue an order that requires the impaired individual to enter into a court supervised and monitored, drug and alcohol intervention, assessment, stabilization and/or treatment. The key to this court order is that the impaired individual must comply with the court supervised drug and alcohol intervention, assessment, stabilization and/or treatment. The individual has no choice in the matter. Even if the individual has refused to get voluntarily help in the past for their substance abuse problem, under the Florida Marchman Act they cannot refuse such help once the court order has been put into place.

Under the Florida Marchman Act, if the individual refuses to comply with the court order, they subject themselves to court sanctions and punishment - including jail time! However, it should be noted that the intention of the Marchman Act court is to provide treatment, not punishment. A family member should not fail to file a Marchman Act petition out of concern that they are subjecting their loved one to interaction with law enforcement.

What is the history of the Florida Marchman Act?

The Marchman Act was passed in 1993 by the Florida Legislature and is officially entitled the Hal S. Marchman Alcohol and Other Drug Abuse Services Act of Florida. The Marchman Act was named after Hal S. Marchman, a pastor and lifelong advocate for the rights of alcoholics and drug addicts throughout Florida. Hal S. Marchman is most widely recognized worldwide as the Chaplain of the Daytona International Speedway, who gave the invocation at the beginning of every race for 42 years before retiring at the age of 85. Hal S. Marchman passed in October of 2009 in Daytona, Florida.

Why did the Florida Legislature draft and enact the Florida Marchman Act?

Florida is an extremely progressive State that recognizes the growing trend of substance abuse across the Nation and the need of the government to play a role in addressing the consequences that addiction has upon society as a whole.

Specifically, Florida Statute §397.305 recognizes:

Substance abuse is a major health problem and leads to such profoundly disturbing consequences as serious impairment, chronic addiction, criminal behavior, vehicular casualties, spiraling health care costs, AIDS, and business losses, and profoundly affects the learning ability of children within our schools and educational systems. Substance abuse impairment is a disease which affects the whole family and the whole society and requires specialized prevention, intervention, and treatment services that support and strengthen the family unit.

When should a parent begin to consider filing a Marchman Act petition?

A parent should consider filing a Marchman Act petition if they suspect their child may be using or abusing drugs or alcohol. This may be a very difficult decision for a parent. Often, parents are unsure if their child is using or experimenting with drugs and/or alcohol. Often, parents do not want to get their children involved with the court system.

To address these concerns, a parent must consider that even if they are not exactly sure what may be going on with their child, if they suspect substance use or abuse, the Marchman Act is a wonderfully effective tool to determine what is actually going on. More so, the Florida Marchman Act is a confidential and a civil procedure unlike the criminal court system. Filing a Marchman Act petition has no effect upon a child’s personal record because it is not criminal in nature. In fact, there is no record. The intent of the Florida Marchman Act is treatment, not punishment.

I always advise clients who are unsure whether to file a Marchman Act Petition to recognize that it is far better to uncover and address a potential substance abuse problem in a confidential, civil environment, then it is to allow the problem to persist and allow the child to risk being thrown into the criminal arena for an arrest due to drug use, possession or associated criminal activity. It is unwise for a parent to fail to take a proactive approach when it comes to suspected drug and alcohol use. Don’t simply wait, hoping that things will somehow get better.

What elements must be demonstrated for the court to grant a Marchman Act petition?

A court may grant a Petition for Involuntary Assessment, Stabilization and/or Treatment, if it is determined that there is a reasonable belief that the child is substance abuse impaired and the child:

(a) has lost the power of self control with respect to substance use; and either
(b) has inflicted or is likely to inflict physical harm on him/herself or others unless admitted; or
(c) the person's judgment is so impaired they are incapable of appreciating the need for care and making a rational decision regarding such care; or
(d) the person has refused to seek voluntary care.

How do I file a Marchman Act Petition?


In order to initiate a Marchman Act please call 1-877-35-ABUSE for a free consultation. The following has been meant to be a general overview of the Marchman Act process to educate you as to resources that are available from the court for families who find themselves in need of substance abuse services.

The Florida Marchman Act

2009 (c)Raymond G. Ferrero III, Esq.

ARLS - Addiction Recovery Legal Services, LLC
888 South Andrews Avenue, Suite 203
Fort Lauderdale, FL 33301
1-877-35-ABUSE

Mexico drug gangs up ante with high-tech tunnels

(Reuters) - When architect Felipe de Jesus Corona built Mexico's most powerful drug lord a 200-foot-long tunnel under the U.S.-Mexican border with a hydraulic lift entrance opened by a fake water tap, the kingpin was impressed. Read full story...

Smoke-free versus Smoker-free Workplaces | The Partnership at Drugfree.org

Smoke-free versus Smoker-free Workplaces | The Partnership at Drugfree.org

Friday, December 9, 2011

Dr. Conrad Murray files appeal notice

U.S. House Votes to Ban Synthetic Drugs Including “Bath Salts” and “Spice” | The Partnership at Drugfree.org

U.S. House Votes to Ban Synthetic Drugs Including “Bath Salts” and “Spice” | The Partnership at Drugfree.org

Authorities questioning why Miami-Dade officer found drunk in his patrol car was not booked into jail

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Arrests for Marijuana Decreased 13 Percent in New York After Policy Change | The Partnership at Drugfree.org

Arrests for Marijuana Decreased 13 Percent in New York After Policy Change | The Partnership at Drugfree.org

Tuesday, December 6, 2011

Monday, December 5, 2011

Critics of School Zero-Tolerance Policies Say Principals Need More Flexibility | The Partnership at Drugfree.org

Critics of School Zero-Tolerance Policies Say Principals Need More Flexibility | The Partnership at Drugfree.org

Heroin Returns to Iowa | The Partnership at Drugfree.org

Heroin Returns to Iowa | The Partnership at Drugfree.org

One Killed, Cop Injured in Rollover Crash

A man is facing DUI charges for an overnight accident in Pompano Beach that left one woman dead and injured a Lighthouse Point police officer. Authorities say the wreck happened at the intersection of North Federal Highway and East Copans Road around 11:40 p.m. Thursday. Police tell NBC Miami two people in a Jeep Cherokee were traveling north on Federal Highway. The jeep was attempting a left turn but somehow lost control and rolled down Federal Highway, landing on top of the Lighthouse Point police cruiser.
"Two of our officers had just completed a traffic stop and were in the left hand turn lane to make a u-turn to head back north into Lighthouse Point, and a vehicle traveling northbound on Federal Highway apparently lost control, the vehicle crossed the center median and struck one of our police cars," Lighthouse Point Police Chief Ross Licata said. The Jeep's passenger, who wasn't identified, was pronounced dead on the scene.
Police said the officer was taken to North Broward Medical Center for precautionary reasons.
The Jeep's driver was identified by police as 43-year-old Gary Costa, who was also hospitalized and later arrested on charges of DUI, failure to use due care and possession of a controlled substance.

Thursday, December 1, 2011

CVS Says it Will Not Fill Prescriptions for Some Opioids in Florida | The Partnership at Drugfree.org

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SWAT teams swarm three homes looking for drugs in Delray Beach

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Boynton police dog finds drugs on suspicious boat at city park

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