Is it legal to own a monkey in West Virginia?
The short answer
It depends. West Virginia's Dangerous Wild Animal List classifies nonhuman primates as dangerous wild animals, but carves out a long list of small primates — lemurs, tamarins, night, titi, saki, uakari, spider, woolly, and howler monkeys, and Goeldi's monkeys — which may be kept without a permit. The larger monkeys and apes cannot be newly acquired.
What West Virginia law says
Under the Dangerous Wild Animals Act (W. Va. Code 19-34) and rule 74 CSR 1 §3.1.o, listed primates are banned for new owners (permits existed only for animals owned before the 2015 rules), while the enumerated small primates are excluded and remain legal.
Which agency regulates monkeys in West Virginia
WV Dept. of Agriculture — Dangerous Wild Animal Board is the authority for monkey (Nonhuman primates) possession in West Virginia.
Is there a permit for pet monkeys?
No permit is required at the state level. AZA-accredited zoos, research facilities, and USDA-licensed exhibitors are exempt.
Penalties and enforcement
Unlawful possession of a listed primate is a misdemeanor ($200–$2,000 per animal); injury cases can be a felony.
Local city and county rules
Local ordinances may ban even the carved-out small primates.
Legal alternatives in West Virginia
- Serval in West Virginia — A tall African wildcat, popular in the exotic cat trade and the parent breed of the Savannah cat.
- Sugar Glider in West Virginia — A palm-sized gliding marsupial, legal in most states but banned in a handful of cities and states.
Frequently asked questions
Is a capuchin legal in West Virginia?
No — capuchins are not among the excluded species, so they are treated as dangerous wild animals.
Is a marmoset or tamarin legal?
Tamarins are specifically excluded and legal; marmosets are not listed as excluded, so verify with the board.
Sources
More animals in West Virginia
- Is it legal to own a raccoon in West Virginia?
- Is it legal to own a serval in West Virginia?
- Is it legal to own a fennec fox in West Virginia?
See all animals on the exotic pet laws in West Virginia page, or compare every state on the pet monkey laws by state page.
Last verified 2026-07-03 against the cited primary sources. This is a research directory, not legal advice — confirm current rules with WV Dept. of Agriculture — Dangerous Wild Animal Board and your local animal-control authority before acquiring any animal.