Can You Own a Monkey in Massachusetts? What the Law Actually Says

Massachusetts has some of the strictest exotic animal laws in the country, and monkeys sit squarely at the center of those restrictions. Owning a monkey in Massachusetts is generally illegal without special permits due to strict exotic animal laws. If you have ever seen a capuchin or marmoset for sale online and wondered whether you could bring one home to Boston or Worcester, the short answer is: almost certainly not.

The state’s approach is fundamentally different from more permissive states. Rather than publishing a long list of banned animals, Massachusetts regulators take the position that its regulations are so restrictive that they publish only what you may possess, rather than what you may not. That distinction matters enormously when you are researching whether a specific species is allowed.

This article walks you through exactly what Massachusetts law says about monkey ownership, which species are affected, what limited permits exist, how local rules add another layer of complexity, and what happens if you ignore the rules entirely.

Is It Legal to Own a Monkey in Massachusetts?

In Massachusetts, the sale and ownership of wild and exotic animals is tightly controlled via state statutes and administrative regulations. These laws regulate which animals are prohibited from private possession, which may be sold or possessed only with a permit, which may be sold or possessed without a permit, and which may be taken from the wild.

Massachusetts bans private possession of exotic pets and requires licenses for those who deal and propagate wild species for other reasons. The primary statute is M.G.L. c.131 §23, which has been in place since 1980 and forms the backbone of the state’s entire exotic pet framework.

In Massachusetts, the private possession of certain wild and exotic animals is prohibited unless a person obtains a license from the Massachusetts Division of Fisheries and Wildlife (MassWildlife), which is only granted for certain scientific, educational, commercial, or other specific reasons, and is not issued for keeping a wild animal as a pet. That last clause is the one that matters most: even if a license technically exists, you cannot obtain one simply because you want a monkey as a companion animal.

Massachusetts is one of many states where it is illegal to have a pet monkey, alongside Alaska, California, Colorado, Georgia, Hawaii, Idaho, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Montana, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, and Washington state.

Key Insight: A real-world enforcement example illustrates how seriously the state treats this ban. A four-month-old marmoset named Nene was seized from a Lowell home because he was in Massachusetts illegally. Massachusetts bans owning exotic animals, and the owner — though unaware of the state law — had gone out of his way to buy the monkey. The animal was returned to Florida, where it had been legally purchased.

Which Monkey Species Are Allowed or Banned in Massachusetts

No monkey species is permitted for private pet ownership in Massachusetts. All primates — monkeys, apes, and related species — are prohibited for private ownership under the state’s exotic pet framework. This is a categorical ban, not a species-by-species restriction.

The exemption list published under 321 CMR 9.01 names the animals that are allowed without a permit. The animals that have been added to this license-exemption list include boas and pythons, skinks, parrots, hedgehogs, chinchillas, and flying squirrels, among others. No primate of any kind appears on that list.

This means that every commonly considered “pet monkey” species is off the table in Massachusetts. That includes:

• Capuchin monkeys (Cebus capucinus and related species), sometimes marketed as service animals
• Common marmosets (Callithrix jacchus), which are among the smallest primates sold in the exotic pet trade
• Squirrel monkeys (Saimiri sciureus), popular for their small size
• Spider monkeys (Ateles geoffroyi and relatives), which are also listed as vulnerable by the IUCN — you can read more about the different types of spider monkeys and why their conservation status matters
• Macaques, tamarins, and woolly monkeys

Although Massachusetts does not have a law that specifically addresses great apes, several state laws cover them as protected endangered species. Its Endangered Species Act (MA ST 131A §1–7) bans just about all activities related to the acquisition, possession, transport, and sale of an endangered species. The Act’s definition of “endangered species” specifically includes animals covered under federal law, encompassing great apes. So chimpanzees, gorillas, and orangutans face an additional layer of protection beyond the general exotic pet ban.

If you are interested in learning about small monkey breeds as a general topic, it is worth understanding that size does not change legal status in Massachusetts — even the tiniest marmoset is fully banned.

Permit and License Requirements for Monkey Ownership in Massachusetts

While no permit exists for keeping a monkey as a pet, Massachusetts law does create a narrow licensing pathway for non-pet purposes. In Massachusetts, the possession of wild or exotic animals is regulated by both state statutes and regulations enforced by the Massachusetts Division of Fisheries and Wildlife. The state prohibits the possession of certain wild animals without a permit. These animals include, but are not limited to, large cats, bears, primates, and venomous reptiles. Permits may be granted for exhibition, educational, or scientific purposes, and applicants must meet specific criteria to qualify.

Limited exceptions are granted for population recovery breeding programs for endangered and threatened species and for those who lawfully possessed their animals before the regulation was approved (321 CMR 2.12(10)(h) and (10)(i)). These grandfather exceptions are extremely narrow and do not create a path for new ownership.

The entities that can legally possess primates in Massachusetts are tightly defined. The following are exempt from the prohibition: exhibitions at a non-mobile, permanent institution or facility accredited by the Association of Zoos and Aquariums or the Global Federation of Animal Sanctuaries; outreach programs for educational or conservation purposes by an AZA- or GFAS-accredited facility; and university, college, laboratory, or other research facilities registered by the United States Secretary of Agriculture.

Important Note: The Massachusetts Division of Fisheries and Wildlife controls permits for exotic animals, including monkeys, to ensure safety and health standards. If you believe you qualify for a scientific or educational exemption, contact MassWildlife directly before acquiring any primate. Possessing the animal first and applying for a permit afterward is not a recognized procedure under Massachusetts law.

Local Laws That May Still Apply in Massachusetts

Even if you were somehow in a gray area under state law, local governments in Massachusetts can impose additional restrictions. State law sets the floor, but local governments in Massachusetts can add restrictions that go beyond what MassWildlife requires. This means an animal that is legal under state law may still be prohibited where you live.

Cities and towns in Massachusetts have broad authority over animal control, zoning, and public health. A municipality could, for example, ban any exotic animal within its limits through a local ordinance, even if state law were silent on the matter. Because the state’s primate ban is already absolute, local ordinances on this topic tend to reinforce rather than expand the restriction.

There are also federal considerations that apply regardless of where you live in the state. The Animal Legal and Historical Center at Michigan State University notes that Massachusetts’s Endangered Species Act incorporates animals protected under the federal Endangered Species Act of 1973 — meaning any monkey species listed at the federal level is also restricted under Massachusetts state law.

Health regulations add yet another dimension. Monkeys can transmit zoonotic diseases like herpes B virus, which can be fatal to humans. Local boards of health in Massachusetts have independent authority to act on public health grounds, which means they could quarantine or remove a primate even in a hypothetical situation where ownership were otherwise ambiguous. For more on animal-related health risks in the state, see the guide to venomous animals in Massachusetts.

If you own dogs and are navigating Massachusetts animal regulations more broadly, the state’s dog breed restrictions and dog leash laws follow a similar pattern of layered state-and-local authority.

Where You Can Legally Buy a Monkey in Massachusetts

The direct answer is that you cannot legally buy a monkey for private pet ownership anywhere in Massachusetts. No licensed seller, breeder, or pet store in the state can legally sell you a primate as a companion animal.

Massachusetts has strict laws that limit the types of animals that can be kept as pets. These laws protect people and animals from harm. Any seller operating within Massachusetts who offers primates for private sale would be violating state law, and buying from them would expose you to the same penalties as any other illegal possession.

The Lowell case mentioned earlier is instructive on another point: the owner legally purchased the exotic creature in Florida. Buying a monkey legally in another state does not make it legal to bring that animal into Massachusetts. Transporting a primate across state lines into a state where possession is banned violates Massachusetts law the moment the animal crosses the border.

Animals must be lawfully taken or lawfully propagated without Massachusetts, provided that the export, sale, or exchange of such animals is lawful in the state or country in which animals are taken or propagated — but this provision applies to animals on the exemption list, not to primates. Monkeys are not on the exemption list, so interstate purchase provides no legal cover.

If you are drawn to primates because of their intelligence and social nature, visiting an AZA-accredited zoo or sanctuary in New England is the legal way to observe them. Facilities accredited by the Association of Zoos and Aquariums are permitted to house non-human primates under Massachusetts law.

What It Actually Costs to Own a Monkey in Massachusetts

Because private ownership is illegal in Massachusetts, there is no legal market for purchasing a monkey here. However, understanding the real costs involved helps illustrate why the ban also reflects practical animal welfare concerns — and why enforcement officials take the issue seriously even when owners claim ignorance.

Purchase prices alone are substantial. According to Massachusetts Environmental Police, monkeys go for anywhere between $2,000 and $3,000 apiece. That figure reflects smaller species like marmosets. Larger or rarer species — such as spider monkeys or capuchins — can cost considerably more on the exotic pet market in states where they are legal.

Beyond the purchase price, ongoing costs are significant:

• Veterinary care: Primates require exotic animal veterinarians, which are rare and expensive. Annual veterinary costs can run into the thousands of dollars, and finding a vet willing to treat a primate is difficult even in states where ownership is legal.
• Enclosure and housing: Monkeys need large, enriched enclosures. A proper indoor-outdoor habitat for even a small species can cost $5,000–$15,000 to build.
• Diet: Monkeys require specialized diets, social interaction, and medical care that are hard to meet in a home setting. Fresh fruits, vegetables, insects, and species-specific protein sources must be provided daily.
• Liability insurance: Monkeys can be aggressive or unpredictable, posing risks to owners and others. In states where ownership is legal, many homeowners’ insurers will not cover injuries caused by exotic animals, requiring separate and costly policies.

Pro Tip: The lifetime cost of keeping a single capuchin monkey — factoring in purchase price, enclosure, veterinary care, diet, and enrichment — often exceeds $200,000 over the animal’s 30–40 year lifespan. This is a commitment that most sanctuaries describe as equivalent to raising a dependent child with specialized medical needs.

Monkeys can carry diseases and may be dangerous if not handled properly. They also need special care that most pet owners cannot provide. These welfare realities are part of why the MSPCA-Angell supports the state’s prohibition on private primate ownership. You can also learn more about disease transmission risks in the context of primates through the overview of monkeypox and its relationship to animal-to-human transmission.

Penalties for Illegally Owning a Monkey in Massachusetts

Massachusetts enforces its exotic pet laws through multiple overlapping penalty frameworks, and the consequences of illegal primate ownership are serious.

Under M.G.L. c.131 §19C — the traveling exhibit law that took effect January 1, 2025 — a person who violates this chapter shall be subject to a civil penalty of not less than $500 and not more than $10,000 per animal involved in the violation. That per-animal framing is important: if you have two monkeys, you face two separate penalty assessments.

Under the broader exotic pet possession framework, any person who violates the relevant section or any rule promulgated thereunder shall be liable for a civil penalty not to exceed $5,000 for each violation, and each animal constitutes a separate violation.

If an endangered species is involved — which applies to great apes and many other primates — the penalties escalate further. Any person who violates the Massachusetts Endangered Species Act provisions shall be punished by a fine of not less than $500 or imprisonment for not more than 90 days, or both. Upon a second or subsequent conviction, such a person shall be punished by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for not more than 180 days, or both.

Civil penalties under the Endangered Species Act framework can reach even higher. Any person who violates M.G.L. c.131A or any rule or regulation adopted thereunder shall be subject to a civil assessment not to exceed $10,000 for each such violation. The commission of a prohibited act with respect to each individual animal or plant shall constitute a separate offense.

Beyond fines, violating these laws can lead to fines, animal confiscation, and even criminal charges. Confiscation is standard — the animal is removed and, in most cases, transferred to an accredited facility or returned to a state where ownership is legal, as happened with the Lowell marmoset.

Violation Type	Applicable Law	Penalty Range
Private possession of a primate (general)	M.G.L. c.131 §23	Up to $5,000 per animal (civil)
Use of primates in traveling exhibits	M.G.L. c.131 §19C (eff. Jan. 2025)	$500–$10,000 per animal (civil)
Possession of an endangered species (first offense)	M.G.L. c.131A (Endangered Species Act)	Min. $500 fine and/or up to 90 days imprisonment
Possession of an endangered species (repeat offense)	M.G.L. c.131A (Endangered Species Act)	$5,000–$10,000 fine and/or up to 180 days imprisonment
Civil assessment (Endangered Species Act)	321 CMR 10.06	Up to $10,000 per animal (civil)

Enforcement authority is broad. An officer or agent authorized by the executive office of energy and environmental affairs, a law enforcement officer of the commonwealth, or a law enforcement officer of any unit of local government may enforce these provisions. That means local animal control officers, state environmental police, and municipal law enforcement all have the authority to act — not just MassWildlife.

Massachusetts wildlife law applies to all residents of the state. Whether you live in a dense urban area like Boston or a rural town in the Berkshires, the same rules apply. If you are curious about other animal regulations in the state, the guides to beekeeping laws in Massachusetts and dog leash laws in Massachusetts show how the state applies layered regulatory frameworks across different animal categories. For wildlife enthusiasts interested in the native species you can observe legally in the state, the resources on owls in Massachusetts and hawks in Massachusetts offer a closer look at the state’s remarkable native fauna.

The bottom line in Massachusetts is clear: monkeys are not legal pets, no permit pathway exists for private ownership, and the penalties for ignoring that reality are substantial. If you are passionate about primates, supporting accredited sanctuaries or wildlife conservation organizations is both legal and genuinely beneficial to the animals involved.