Can You Own a Monkey in New Mexico? What State Law Actually Says
June 25, 2026
If you have been wondering whether you can own a monkey in New Mexico, the short answer is no — not as a private pet. The state places all primates in its most restrictive importation category, making it illegal for the general public to keep them at home regardless of species or size.
That said, understanding exactly why the law is written this way, what limited exceptions exist, and what the real-world consequences of a violation look like can save you from a costly mistake. This guide walks through every layer of New Mexico’s primate rules, from state statute down to local ordinance.
Is It Legal to Own a Monkey in New Mexico?
New Mexico prohibits private ownership of certain exotic animals without specific authorization, and the New Mexico Department of Game and Fish (NMDGF) enforces these restrictions under the state’s Wildlife Conservation Act. Primates fall squarely within that prohibition.
The New Mexico Department of Game and Fish maintains a 27-page list of animals that are legal and illegal to own. Animals are placed into one of four “importation” groups: Group I covers semi-domesticated animals not requiring a permit; Group II covers live non-domesticated animals not known to be invasive or dangerous; Group III covers animals presenting minimal or manageable concerns that require specific provisions before an importation permit is issued.
Elephants, zebras, kangaroos, monkeys, and rhinoceroses are Group IV animals — the most restrictive tier. Great apes fall under species importation list Group IV, which designates “prohibited species” that the general public is prohibited from importing. This classification covers all primates, not just the larger species.
You cannot own any form of primate in a private residence in New Mexico. Monkeys and primates can only be kept on a property for scientific study, recovery plans, or as a service animal, according to the New Mexico Department of Game and Fish.
Important Note: New Mexico is one of 32 states and Washington, D.C. that ban private monkey ownership outright. If you are researching this topic because you are considering a move or purchase, confirm the current rules directly with the NMDGF before taking any action, as administrative codes can be updated.
Which Monkey Species Are Allowed or Banned in New Mexico?
No monkey species is permitted for private pet ownership in New Mexico. The Group IV classification does not distinguish between small primates like marmosets and large ones like macaques — the ban applies across the board.
It is against the law in New Mexico to own felines, crocodiles, wolves, alligators, and primates. That means popular pet monkey species that are legal in neighboring Texas — such as capuchins, tamarins, and marmosets — are all prohibited in New Mexico. If you are curious about the range of primate species that people keep in states where ownership is legal, our guide to small monkey breeds covers the most common options.
Species matter significantly in primate law. Several states that allow smaller primates, such as marmosets or squirrel monkeys, still prohibit the larger and more dangerous species: macaques, baboons, and all great apes. A blanket “monkeys are legal with a permit” label can obscure the reality that only certain species are covered. In New Mexico, however, no such distinction is made — the ban is total for private ownership.
If you are interested in spider monkeys specifically, our overview of types of spider monkeys explains their biology and behavior, which also illustrates why states like New Mexico consider them unsuitable as household animals.
Permit and License Requirements for Monkey Ownership in New Mexico
Section 19.35.7.8 of New Mexico’s administrative code clearly states that a person may not import into the state any live non-domesticated animal without a permit from the director. For most exotic animals, this permit system provides a pathway to legal ownership. For primates, the pathway is effectively closed to private individuals.
Section 77-18-1 states that the sale, purchase, trade, and possession of any “subhuman primate” may be regulated by the New Mexico Department of Health in order to protect public health and safety. This means two separate state agencies — Game and Fish and the Department of Health — have overlapping authority over primate possession.
New Mexico’s administrative code allows for the taking and possession of great apes for educational purposes under Section 19.36.2.7. To qualify for this exception, a zoo must comply with the permit requirements and only engage in the activities authorized under the permit. All activities under these permits must be carried out in a humane, judicious, sensitive, and otherwise appropriate manner.
New Mexico also mandates a Certificate of Veterinary Inspection (CVI) for imported exotic animals to verify they are free from contagious diseases. Some species may require additional testing or quarantine upon arrival. These requirements apply even to animals brought in legally under an institutional permit.
Key Insight: Permits for primates in New Mexico are reserved for accredited zoos, scientific research institutions, and approved educational facilities — not private individuals. Applying as a private owner will not result in approval under current regulations.
New Mexico enforces strict health and safety standards for exotic animal ownership under NMAC Title 19. Enclosures must be secure, spacious, and designed to allow natural behaviors. Owners must implement biosecurity measures to prevent disease transmission, particularly when exotic animals are housed near native wildlife or livestock.
Local Laws That May Still Apply in New Mexico
State law sets the floor, but cities and counties in New Mexico can layer additional restrictions on top of it. Even if state law were to change in the future, a city ordinance could independently prohibit primate ownership within its limits.
Albuquerque, Santa Fe, and Las Cruces each maintain their own animal control codes. Many municipalities explicitly ban exotic or wild animals in residential zones, independent of whatever the state permits. Before researching any exotic animal, it is worth checking with your city or county animal control office directly.
Anyone researching ownership should contact their state’s Department of Natural Resources or Fish and Wildlife agency directly, because the species list is often buried in administrative code rather than statute. The same principle applies to local ordinances, which are rarely publicized but can carry their own fines and enforcement actions.
New Mexico also has regulations governing other animals that interact with local wildlife law. If you are curious how the state approaches wildlife regulation more broadly, our articles on beekeeping laws in New Mexico, goat ownership laws in New Mexico, and roadkill laws in New Mexico show how the state handles different categories of animal ownership and use.
Where You Can Legally Buy a Monkey in New Mexico
Because private primate ownership is banned in New Mexico, there is no legal avenue for a resident to purchase a monkey for personal keeping within the state. No licensed breeder, exotic animal dealer, or pet store can legally sell you a primate for private ownership in New Mexico.
There is no federal law that bans Americans from owning a monkey. The Captive Primate Safety Act, which would prohibit private possession and interstate commerce of pet primates, has been introduced in Congress multiple times but has never passed. That means legality depends entirely on the state you live in, and the answers vary widely.
The Lacey Act primarily addresses illegal wildlife trafficking, making it unlawful to import, export, or sell wildlife taken or possessed in violation of federal, state, or foreign law. The Convention on International Trade in Endangered Species (CITES) regulates international trade of certain species, including primates, to prevent overexploitation. Attempting to bring a monkey into New Mexico from out of state for private ownership would run afoul of both state law and potentially federal statute.
If you live near the Texas border and wonder why the rules differ, Texas does permit monkey ownership with fewer restrictions. That does not mean a New Mexico resident can legally keep a monkey purchased in Texas — your state of residence and the state where the animal is kept both matter under the law.
Pro Tip: If you are passionate about primates, consider supporting an accredited sanctuary or zoo in New Mexico rather than attempting private ownership. Accredited facilities provide the social environments and specialized care that monkeys need to thrive.
What It Actually Costs to Own a Monkey in New Mexico
While owning a monkey is illegal for private residents in New Mexico, understanding the financial reality is useful context — both for anyone considering a move to a state where it is legal, and to appreciate why the costs alone deter many people even where ownership is permitted.
Monkeys cost between $4,000 and $8,000 each, depending on the monkey’s age, rarity, and temperament. Younger, more rare, and friendlier monkeys tend to cost more. Species pricing varies considerably: capuchin monkeys can cost between $5,000 and $8,000; spider monkeys may range from $6,000 to $12,000; marmosets are typically on the lower end, costing around $2,000 to $4,000.
The purchase price is only the beginning. The monkey will need a cage, habitat, food, veterinary care, and diapers if it is going to be in the same area as humans. Cages often cost over $1,000 and can go up to $3,500. Monkeys also need additional items like bedding, feeding bowls, exercise equipment, and toys, which often range between $100 and $200.
| Expense Category | Estimated Cost | Frequency |
|---|---|---|
| Purchase price (varies by species) | $2,000 – $12,000+ | One-time |
| Enclosure / cage | $1,000 – $3,500 | One-time |
| Food and supplements | $100 – $1,000 | Monthly |
| Veterinary care (routine) | $300 – $1,000 | Annual |
| Emergency veterinary care | $500 – $5,000+ | As needed |
| Enrichment toys and supplies | $50 – $100 | Monthly |
| Diapers (if applicable) | ~$65 | Every 3–4 months |
Monkeys are not your average pet, so regular veterinarians often cannot offer your pet monkey the necessary health care. This means owners may have to find a vet specializing in treating primates. Finding exotic pet care in New Mexico is already difficult even for legal exotic animals. For a prohibited species, finding any willing veterinarian in the state would be nearly impossible.
The estimated first-year total for a capuchin monkey typically runs $6,000 to $25,000, with a wide range based on source, housing quality, medical needs, and local prices. Ongoing care runs between $200 and $1,000 monthly for years to come, depending on the species you own. Monkeys can live 20 to 40 years in captivity, making this a multi-decade financial and caregiving commitment.
For more on the health risks associated with primates, our article on monkeypox covers one of the zoonotic disease concerns that regulators cite when justifying primate ownership bans.
Penalties for Illegally Owning a Monkey in New Mexico
The consequences of keeping a monkey illegally in New Mexico are serious and enforceable. The state does not treat this as a minor regulatory infraction.
If someone is caught with a Group IV animal in their home, it is a full misdemeanor crime — you could serve up to 364 days in jail and pay up to a $1,000 fine. That applies to every primate species, from a small marmoset to a large macaque.
In New Mexico, if you are caught possessing a Group IV illegal animal, you will be charged with a misdemeanor punishable by a maximum penalty of up to 364 days in jail and up to a $1,000 fine. The animal itself would also be confiscated. Failure to comply with exotic animal laws can result in fines, confiscation, or other penalties.
Beyond the criminal penalties, there are practical consequences worth understanding:
- The confiscated animal may be transferred to a licensed facility or, in some cases, euthanized if no appropriate placement is available.
- A misdemeanor conviction can affect employment, housing applications, and professional licensing depending on your field.
- Even if not caught, most of these animals are considered dangerous to people and other animals, meaning if they escape, they can potentially cause serious harm. These animals require specialized food, habitats, and veterinary care that most people do not have the resources to adequately provide outside of a zoo facility.
- Civil liability exposure is significant if an illegally kept primate injures a neighbor, visitor, or another animal.
Owning exotic animals in New Mexico comes with strict regulations designed to protect both the public and native wildlife. The state has specific laws governing which species can be kept, how they must be housed, and what permits are required. These rules help prevent ecological harm, ensure animal welfare, and reduce risks associated with dangerous or invasive species.
If you are interested in the wildlife that does legally inhabit New Mexico, the state has a rich native fauna worth exploring. Our guides cover owls in New Mexico, hawks in New Mexico, rattlesnakes in New Mexico, and caterpillars in New Mexico for a closer look at the animals that naturally call the state home.
The Bottom Line on Monkey Ownership in New Mexico
New Mexico’s position is clear: monkeys and all other primates are Group IV prohibited animals under state law, and no private resident can legally own one as a pet. The ban is not species-specific — it covers everything from a pygmy marmoset to a chimpanzee. The only legal exceptions apply to accredited zoos, scientific research institutions, and approved educational programs, all of which must hold active permits from the NMDGF.
If you are committed to primates and live in New Mexico, the most practical path is to volunteer with or support a licensed sanctuary. If you are researching this topic before relocating, verify the laws of your destination state directly with that state’s fish and wildlife agency, since regulations change and online summaries do not always reflect the most current administrative code.