What States Can You Force Someone Into Rehab? A Comprehensive Guide
Updated: July 21, 2023, at 3:20 p.m.
States with Involuntary Commitment Laws
Currently, 35 U.S. states and the District of Columbia have laws authorizing involuntary rehab, according to the Prescription Drug Abuse Policy System (PDAPs). If you or someone you care about is struggling with alcohol or drug addiction, these states allow mandatory treatment when voluntary commitment seems out of reach.
Dealing with substance use disorder (SUD) can be overwhelming. At Landmark Recovery, we understand that. This guide offers a helping hand, providing a state-by-state breakdown of these laws. We aim to offer transparency in your time of need, cutting through the legal jargon to provide easy-to-understand and act-upon information.
Source: PDAPS – Involuntary Commitment for Substance Use
NOTE: Some information may contradict the information on the map, as laws are fluid. You should contact your local court or healthcare provider if you are unsure whether you can apply to have your loved one admitted to rehab involuntarily. Call 888-448-0302 to speak to a Landmark Recovery Patient Navigator if you need immediate recovery assistance.
States with and Without Mandatory Addiction Treatment Laws
State |
Involuntary Commitment for Substance Abuse |
Alaska |
Yes |
Arkansas |
Yes |
California |
Yes |
Colorado |
Yes |
Connecticut |
Yes |
Delaware |
Yes |
District of Columbia |
Yes |
Florida |
Yes |
Georgia |
Yes |
Hawaii |
Yes |
Indiana |
Yes |
Iowa |
Yes |
Kansas |
Yes |
Kentucky |
Yes |
Louisiana |
Yes |
Maine |
Yes |
Massachusetts |
Yes |
Michigan |
Yes |
Minnesota |
Yes |
Mississippi |
Yes |
Missouri |
Yes |
Nebraska |
Yes |
North Carolina |
Yes |
North Dakota |
Yes |
Ohio |
Yes |
Oklahoma |
Yes |
Pennsylvania |
Yes |
South Carolina |
Yes |
South Dakota |
Yes |
Tennessee |
Yes |
Texas |
Yes |
Vermont |
Yes |
Virginia |
Yes |
Washington |
Yes |
West Virginia |
Yes |
Wisconsin |
Yes |
Wyoming |
Yes |
Alabama |
No |
Arizona |
No |
Idaho |
No |
Illinois |
No |
Maryland |
No |
Montana |
No |
Nevada |
No |
New Hampshire |
No |
New Jersey |
No |
New Mexico |
No |
New York |
No |
Oregon |
No |
Rhode Island |
No |
Utah |
No |
We’ll give you a nationwide breakdown now by answering a simple question for each state: are there laws for the compulsory treatment of substance use disorder?
Alabama
Drugs and alcohol are excluded from the definition of mental illness in Alabama. There’s no way to force someone to enter rehab in Yellowhammer State.
Alaska
If a person is deemed a danger to themselves and others, they can be committed to court-ordered treatment in Alaska.
Arizona
Mandatory addiction treatment in Arizona requires a written application from a friend, relative, peace officer, or police officer. This is submitted to an evaluation agency for mental illness.
Arkansas
Legislation in Arkansas excludes alcoholism and substance abuse from involuntary commitment.
California
Under California Welfare & Institutions Code §5343, family members, legal guardians, and doctors can apply to have a loved one forced into treatment if they suffer from substance use disorder and pose a danger to themselves and others. This involuntary rehab law sets California apart.
Colorado
Individuals who have harmed others or intend to harm others due to alcohol or substance abuse can be involuntarily committed for treatment in Colorado. They can also be committed if they are incapacitated due to drugs or alcohol.
Connecticut
Individuals who present as a danger to themselves or others can be involuntarily committed for treatment for alcohol or drug abuse. Applications are made to the probate court.
Delaware
Anyone can petition to have someone committed to a treatment center in the state of Delaware. They must provide details of the circumstances and their observations.
Florida
The Baker Act, or Florida Substance Abuse Impairment Act, allows a friend, relative, or acquaintance to apply to the county court to have someone committed to a treatment center. This application can be filed independently, through a lawyer, or an intervention counselor. Florida also has the Marchman Act (the Hal S. Marchman Alcohol and Other Drug Services Act of 1993). This can sometimes be used to force someone impaired by substance use disorder into treatment.
Georgia
Georgians presenting a danger to themselves or others can be pushed toward rehab. They must agree to involuntary outpatient treatment. If they don’t, they will be admitted as an inpatient instead.
Hawaii
Family members can apply for involuntary treatment if the person in question poses a danger to themselves and their actions are affecting the family. Treatment must be paid for so this is not a workable option for everyone.
Idaho
There’s no specific mention of substance or alcohol use disorder when it comes to involuntary commitment for mental health issues in Idaho.
Illinois
Legislation in Illinois excludes substance use disorder from involuntary commitment.
Indiana
Involuntarily commitment for treatment is possible providing the person hasn’t been charged for an offense. This will render them ineligible for treatment.
Iowa
Anyone in Iowa can apply to the court to have someone committed to treatment if they are substance abuse-impaired and present a danger to themselves or others.
Kansas
A person can apply to have a loved one involuntarily committed for treatment if they are incapacitated and could cause harm to others.
Kentucky
Casey’s Law, named for Matthew Casey Wethington, was passed in 2004. A family member or friend can petition the court for involuntary treatment. A physician’s assessment is required. Once enacted, residential rehab is scheduled. The person faces jail time if they don’t attend as this would be considered contempt of court.
Louisiana
LA Rev. Stat. Ann. § 28:52.4 enables a parent, spouse, legal guardian, or child aged 18 for older of a person suffering from “a substance-related or addictive disorder” to apply for the person to be involuntarily admitted to a hospital or treatment facility. This is a unique approach to involuntary commitment for drug abuse. You can learn more about Louisiana’s specific provisions here
Maine
If a person is substance abuse-impaired, they can be committed involuntarily for treatment in the state of Maine.
Maryland
There’s no legislation in place to facilitate involuntary treatment in Maryland.
Massachusetts
If someone living in Massachusetts is considered a danger to themselves or others, involuntary treatment is an option.
Michigan
Michiganders posing a danger to themselves or others can benefit from mandatory treatment.
Minnesota
Minnesota is another state where someone with substance use disorder can be involuntarily treated if they cause harm to themselves or others.
Mississippi
In Mississippi, it costs $150 to have someone committed for treatment against their will. Once approved, the judge can order treatment for anywhere from 30 to 90 days.
Missouri
It’s possible to have someone involuntarily committed to rehab in Missouri.
Montana
Involuntary treatment is not an option.
Nebraska
Nebraskans considered a danger to themselves or loved ones can be ordered into treatment.
Nevada
In Nevada, anyone presenting a danger to themselves or others as a result of SUD can be sent to rehab against their will.
New Hampshire
Substance use disorder and alcohol use disorder are excluded from forcible treatment laws in New Hampshire.
New Jersey
It’s not possible to initiate court-ordered treatment for alcohol use disorder or substance use disorder in New Jersey.
New Mexico
New Mexico is another state that excludes substance use disorder and alcohol use disorder from involuntary treatment legislation.
New York
New York has Kendra’s Law in place for involuntary treatment. Unfortunately, this doesn’t cover substance use disorder or alcohol use disorder.
North Carolina
North Carolina residents who a danger to themselves and others as a result of AUD or SUD can be committed to a treatment center for involuntary rehab.
North Dakota
In North Dakota, the same law applies as long as the person presents a danger to themselves or others.
Ohio
Casey’s Law allows a person to petition the court to have a loved one admitted for involuntary drug treatment. They must show that the person in question is a danger to themselves or others. There should be evidence that they would benefit from treatment.
Oklahoma
Oklahomans who have become a danger to themselves or others as a result of drink or drug abuse can be forced into court-ordered rehab.
Oregon
People with substance use disorder are excluded from involuntary commitment in the state of Oregon.
Pennsylvania
Involuntary treatment is not an option.
Rhode Island
Involuntary treatment can be ordered for alcoholism but not substance use disorder.
South Carolina
You can apply to have someone committed with an affidavit if they are likely to cause harm to themselves or others.
Tennessee
In Tennessee, state legislation allows for anyone causing harm to themselves or others to be committed to involuntary treatment.
Texas
Texans liable to harm themselves or their loved ones through drink or drug abuse can be ordered into treatment by the court.
Utah
Involuntary treatment is not an option in Utah.
Vermont
Accompanied by a written recommendation from a physician, involuntary rehab is possible in Vermont.
Virginia
In Virginia, there are laws for involuntary treatment of anyone suffering from AUD or SUD as long as they pose a danger to themselves or others.
Washington
Ricky’s Law, officially known as the Involuntary Treatment Act (ITA), is a law that allows for involuntary commitment for substance use disorders. This law is designed to protect individuals who are at risk of serious harm due to substance use. The law recognizes substance use disorders as a form of mental illness and provides the legal basis for involuntary treatment.
West Virginia
Although West Virginia has the highest rate of deaths by drug overdose, there’s inadequate access to addiction treatment facilities.
Wisconsin
In Wisconsin, someone likely to harm themselves or others can be ordered into treatment.
Wyoming
In Wyoming, involuntary treatment is possible as long as the individual has not be charged with a criminal offense.
What to Do Next
If you’re concerned about a loved one suffering from alcohol use disorder or substance use disorder, you could arrange for involuntary addiction treatment depending on where you live. For anyone in doubt about what to do next, get in touch with our friendly team of experts here at Landmark Recovery. We’ll be happy to help in any way we can; call us today at 888-448-0302.
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About the Author
Landmark Recovery
Landmark Recovery was founded with a determination to make addiction treatment accessible for all. Through our integrated treatment programs, we've helped thousands of people choose recovery over addiction and get back to life on their own terms. We're on a mission to save one million lives over the next century. We encourage all those struggling with substance use to seek professional help.
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