In the Rodas municipality of Cienfuegos, five inmates at the "Ariza" penitentiary have been sentenced to as much as 15 additional years behind bars after being caught with diphenhydramine. This antihistamine, known for causing drowsiness, is treated as a drug due to its similar effects.
The First Criminal Chamber of the Provincial People's Court of Cienfuegos held public trials attended by fellow inmates, the families of the accused, and prison officials, as reported by the state-run newspaper 5 de Septiembre. During the proceedings, the court found Rafael Torreinte Sarría, Alfredo Luis Limonte Rodríguez, Yoelsy Correa Garcés, Dany Osmel Salgado Ordóñez, and Reina Milian Yane guilty.
Penalties range from six to 15 years of imprisonment, in alignment with Article 235.1 of the Penal Code, according to the source. Additionally, the defendants face the loss of political and civil rights, including bans on holding leadership positions and leaving the country until their sentences are served.
Under Resolution 25/2022 by the Ministry of Public Health, diphenhydramine, commonly known as Benadryl, is listed as a controlled substance, even though it is an over-the-counter medication in many countries. In prisons, unsupervised use can be deemed substance abuse due to its sedative effects, leading the regime to treat it as an illegal drug.
The Cuban Penal Code imposes severe penalties for the possession and trafficking of controlled substances, which can include up to 30 years in prison, life imprisonment, or even the death penalty.
Legal Implications of Controlled Substance Possession in Cuba
What is the significance of diphenhydramine in Cuban prisons?
Diphenhydramine is considered a controlled substance in Cuba due to its sedative properties, which, when used without medical supervision, can be treated as substance abuse, similar to illegal drugs.
What are the possible penalties for possession of controlled substances under Cuban law?
Under the Cuban Penal Code, penalties for possession and trafficking of controlled substances can reach up to 30 years of imprisonment, life sentences, or even the death penalty.