USA Laws and Regulations
For Short-Tailed Opossums and Exotic Pets
This a collection of legal information relating to STO/exotic pet ownership in the United States. Any laws listed on this page should be double-checked as they may change at any time.
Please email any information you know about the laws in your area (state, county, city, municipal, etc) - are STO legal to own? Sell? Bring into the state? What are the exotic law statutes? Let us know!
Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming
Alabama
STO appear to be legal in Alabama according to the Department of Agriculture - Wildlife.
In 09/2004, a representative from Wildlife section of the Department of Agriculture (phone: 334-242-3469) said "We don't have anything to restrict a pet like that in Alabama."
As of 09/2004, The Alabama Department of Conservation and Natural Resources does not have any regulations that apply to STO.
ALA. ADMIN CODE r. 220-2-.26 -- Restrictions On Possession, Sale, Importation And/Or Release of Certain Animals And Fish.
(1) No person, firm, corporation, partnership, or association shall possess, sell, offer for sale, import, bring or cause to be brought or imported into the State of Alabama any of the following live fish or animals:
STO are NOT on this list. The list covers walking catfish (genus Clarias), piranha (genus Serrasalmus), black carp (genus Mylopharyngodon), mongoose, San Juan rabbits, jack rabbits, wild rabbits or hare, the family Cervidae (which deer, elk, moose, caribou), fox, raccoon, skunk, wild rodent, wild turkey, Nutria, sturgeon, Siniperca spp fish, Channa maculuta fish, or Cirrhinus molitonella fish.
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Alaska
STO are illegal in Alaska according to the Alaska Department of Fish and Game.
Only approved animals from a list can be brought into Alaska, if it's not on the list (and STO aren't!), it isn't legal.
According to the ADF&G Division of Wildlife Conservation:
"The Board of Game has authority in Alaska over use and possession of live animals. Only those species of animals listed in regulation may be possessed in this state as pets, livestock, or for commercial purposes. If it is not on the list, it may not legally enter the state. A list of all animals that may be imported is included in Alaska State Miscellaneous Game Regulations"
That regulation section is "5 AAC 92.029. PERMIT FOR POSSESSING LIVE GAME.
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Arizona
The Game and Fish Department said STO are legal in Arizona.
In 09/2004, a representative from customer service of the "Game and Fish Department (phone: 602-942-3000) said that while the opossum genus "Didelphis" is restricted live wildlife, "Monodelphis" is not on their list of restricted animal.
Arizona Laws Governing Private Possession of Exotic Animals • ARIZ. COMP. ADMIN R. & REGS. R12-4-406 - Restricted Live Wildlife
A. Mammals listed below are "restricted live wildlife" as defined in R12-4-401. The taxonomic classification from Volumes I and II of Walker's Mammals of the World, Fifth Edition, 1991, and not including any later edition, shall be the authority in the following designations; a copy is on file with the Office of the Secretary of State and is available for inspection at any Department office.
All species of the genus Didelphis. Common name: American opossums.
Note: The large North American opossum is "Didelphis virginiana", our STO is "Monodelphis domestica" and therefore is not mentioned as restricted.
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Arkansas
The Department of Fish and Game said STO are legal in Arkansas. If coming to the state with a STO, it may require a Translocation Permit.
In 09/2004, a representative from the Department of Fish and Game (phone: 501-223-6300) said they can be owned if legally purchased. Also, they can be brought into the state if you have a receipt for the purchase and obtain a "Translocation Permit" from the licensing agency.
GFC 18.17 - WILDLIFE PET RESTRICTIONS.
02-98 It shall be unlawful to take or attempt to take by any method other than by hands and possess alive any wildlife species other than six (6) each of the animals specified herein, and the sale, purchase, barter, or transporting of such animals from the state or the progeny thereof is prohibited.
(A) Bobcat, coyote, deer, gray fox, red fox, opossum, quail, rabbit, raccoon and squirrel.
(B) Any native non-game wildlife excluding birds, bats, alligator snapping turtles, ornate box turtles, hellbenders, troglodytic (cave-dwelling) species or those animals defined as endangered species.
EXCEPTION: Wildlife exchanged with other states by the Commission.
PENALTY: $100.00 to $1,000.00.
Note: The Fish and Game Department clarified that "opossum" is the native North American opossum (Didelphis virginiana), not our STO (Monodelphis domestica).
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California
STO are illegal in California according to the Department of Fish and Game, in fact so are all marsupials.
Department of Fish and Game - Restricted Species Laws and Regulations
(b) Class Mammalia (mammals)
Order Marsupialia (marsupials or pouched mammals)
All species
Note: STO are in the Order Marsupialia, therefore restricted.
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Colorado
STO are legal in Colorado without a license.
2 COLO. CODE REGS. §406-8 - CHAPTER 11, WILDLIFE PARKS AND UNREGULATED WILDLIFE - #1103 - EXEMPTIONS FROM LICENSE REQUIREMENTS
Unregulated wildlife may be imported, sold, bartered, traded, transferred, possessed, propagated and transported in Colorado provided that all importation, disease requirements and any other state, local or federal requirements are met. Statutory restrictions still apply.
Mammals:
Short-tailed Possum (Monodelphis domestica)
Note: This appears to be the only state specifically stating Monodelphis domestica are indeed legal.
Thanks go to Kris who helped confirm STO are legal in Colorado.
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Connecticut
STO are probably legal in Connecticut.
CONN. GEN. STAT. §26-40A - Possession of potentially dangerous animals.
For the purposes of this section, the following shall be considered as potentially dangerous animals: The felidae, including the lion, leopard, cheetah, jaguar, ocelot, jaguarundi cat, puma, lynx and bobcat; the canidae, including the wolf and coyote; and the ursidae, including the black bear, grizzly bear and brown bear. No person shall possess a potentially dangerous animal. Any such animal illegally possessed may be ordered seized and may be disposed of as determined by the Commissioner of Environmental Protection.
Note: STO are not cats, dogs or bears so they aren't considered potentially dangerous according to that section.
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Delaware
It is unclear whether STO are legal or not in Delaware - the Department of Agriculture needs to be contacted.
As of 09/2004, the Division of Fish and Wildlife said as a non-native species it comes under the jurisdiction of the Department of Agriculture.
DEL. CODE ANN tit. 3 §7201. - Possession; permit required.
No person shall bring into this State, possess, sell or exhibit any live wild mammal or hybrid of a wild mammal or live reptile not native to or generally found in Delaware without first securing a permit under this chapter. The Department of Agriculture may adopt regulations to exempt such mammals and reptiles that do not represent a significant threat to community interests from the provisions of this chapter. Notwithstanding any provisions of this chapter to the contrary, no person shall bring into this State, possess, sell or exhibit any poisonous snake not native to or generally found in Delaware where the venom of such snake poses a risk of serious injury or death to a human, and no permit for the same shall be issued by the Department of Agriculture.
DEL. CODE ANN tit. 3 §7202. - Permit; rules and regulations; exemptions.
The Department of Agriculture shall enforce this chapter and may issue a permit where the possession or exhibition of a live wild mammal or hybrid of a wild mammal or live reptile will be in the public interest, and may promulgate rules and regulations for the proper enforcement of this chapter. The Department may designate agencies authorized to conduct animal cruelty enforcement and/or dog control enforcement to enforce the provisions of this chapter. The Department shall receive a fee of $25 for each and every permit issued. Nothing in this chapter shall be deemed to prevent the use of any live wild mammal or hybrid of a wild mammal or live reptile in medical or psychological research or for display in any municipal zoological park or traveling circus after issuance of a permit.
Note: If STO is considered a wild mammal or hybrid, it may be illegal or need a permit from the Department of Agriculture unless it is considered not a significant threat.
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Florida
According to the Fish and Wildlife Department, STO are legal to own without a permit according to at least minimal cage specifications. To sell or use for exhibition requires a license.
The license is $50 and can be obtained from the website http://www.floridaconservation.org.
The STO must be kept in at least minimum caging specifications from Florida:
These are the caging specifications:
5. Ringtail opossums, gliders, pygmy possums, brushtail possums, cuscus, bandicoots
a. Small (e.g., pygmy opossums)
(I) For one or two animals, a cage or enclosure 2 feet by 2 feet, 4 feet high, For each additional animal, increase cage size by 25 percent of original floor space.
(II) Each cage shall have perching area(s) and nest box(es) that shall accommodate all animals in the enclosure simultaneously. Each cage shall have a horizontal climbing apparatus.
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Georgia
STO appear to be legal in Georgia but require a license or permit.
GA. CODE ANN. §27-5-5 - Wild animals for which license or permit required.
(b) Except as provided in this Code section, a license or permit is required for the following wild animals and any others specified by regulation of the board:
(1) Class Mammalia:
(A) Order Marsupialia (opossum, wallabies, etc.) - All species;
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Hawaii
STO are probably illegal in Hawaii.
Have not been able to reach them on the phone yet. Hawaii has strict laws about pets so they are probably illegal.
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Idaho
STO may be legal to own with a permit in Idaho, the Wildlife Health Lab needs to be contacted.
The Idaho Fish and Game department (phone: 208-334-3736) said the right department to contact is the Wildlife Health Lab (phone: 208-454-7646).
Idaho Laws Governing Private Possession of Exotic Animals • IDAHO CODE §36-701 - Wildlife held captive without license or permit unlawful - Exceptions
(a) No person shall engage in any propagation or hold in captivity any species of big game animal found wild in this state, unless the person has been issued a license or permit by the director as hereinafter provided.
(b) All other species of mammals, birds or reptiles that are found in the wild in this state and are not species of special concern or threatened and endangered species, may be held in captivity without permit so long as the possessor retains proof that such wildlife was lawfully obtained. Such proof shall be maintained and presented to department representatives in accordance with section 36-709, Idaho Code.
(c) Exceptions.
1. No such license or permit shall be required of any municipal, county, state or other publicly owned zoo or wildlife exhibit or of any traveling circus, menagerie or trained act of wild animals not permanently located within the state of Idaho nor of any bona fide pet store displaying lawfully acquired wildlife for sale nor of any fur farm regulated and inspected pursuant to chapter 30, title 25, Idaho Code, nor of any domestic cervidae farm regulated and inspected pursuant to chapter 35, title 25, Idaho Code.
2. Except for the provisions of paragraph (d) below and section 36-709, Idaho Code, relating to inspection and records of same, nothing in this chapter shall be so construed as to apply to any exotic wildlife, or domestic fur farm operated under the provisions of title 25, Idaho Code, or any tropical fish or other aquaria or ornamental fish which the commission determines do not pose a threat to native fish if released into the public waters of the state.
3. Except for the provisions of section 36-709(b), Idaho Code, relating to inspection of facilities, nothing in this chapter shall be so construed as to apply to any domestic cervidae farm.
(d) No person shall import into this state or release in the wild any species of wildlife except by permit issued by the director.
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Illinois
STO are probably legal in Illinois, unless they have passed anti-exotic pet laws since the monkeypox scare.
Previously, exotic pets were legal unless the animal was defined as dangerous (lion, wolf, tiger, etc). This may have been changed after the monkeypox problems in 2003.
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Indiana
STO are probably legal in Indiana without a permit.
Reportedly exotic animals that are considered dangerous require a permit (lions, tigers, bears, alligators, etc). STO are probably not considered dangerous.
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Iowa
STO are probably legal in Iowa without a license.
Reportedly there are no state laws governing private possession of exotic animals.
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Kansas
STO seem to be legal in Kansas without a license if the STO was legally acquired.
KAN. ADMIN. REGS. 115-20-3 - Exotic wildlife; possession, sale and requirements
(a) Subject to federal or state law or rules and regulations, exotic wildlife species may be imported, possessed, sold, offered for sale or purchased, provided the exotic wildlife was legally captured, raised, exported, possessed, sold or purchased or any combination of these activities in its place of origin.
(b) Exotic wildlife may be possessed without limit in time and number.
(c) Exotic wildlife shall be confined or controlled at all times and shall not be released onto the lands or into the waters of this state.
(d) Exotic wildlife shall only include those wildlife species which are non-migratory and are not native or indigenous to Kansas, or do not presently exist in Kansas as an established wild population.
Note: STO aren't found in the wild in Kansas and aren't migratory, therefore it is exotic wildlife according to this section. The only animals requiring a permit are lions, wolves and bears.
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Kentucky
STO are probably legal in Kentucky without a license. Bringing STO into Kentucky may require a transportation permit, receipt for the STO and a veterinarian's certificate of health.
301 KY. ADMIN. REGS. 2:082 - Importing and holding exotic wildlife.
Section 1. Definitions. (1) "Circus" means a traveling public entertainment show consisting of acrobats, clowns, and trained animals, but shall not include a show including wrestling bears or other direct contact between members of the public and inherently dangerous animals.
(2) "Exotic wildlife" means living terrestrial wildlife species which have:
(a) Never existed in the wild in Kentucky; or
(b) Been extirpated from the state and could not be reasonably expected to survive in the wild if introduced.
Note: STO seem to fit this category since they never existed in the wild in KY and couldn't survive the winters.
Section 3. (1) A person shall obtain a transportation permit from the department before importing exotic wildlife.
(2) An application for a transportation permit shall be made on an application for Transportation Permit form provided by the department and accompanied by:
(a) A veterinarian's certificate that the wildlife does not exhibit symptoms of disease;
(b) A copy of a bill or sale or other proof that the wildlife was obtained legally; and [...]Section 4. A person shall not release exotic wildlife into the wild.
Section 5. Unless otherwise protected by state or federal law, exotic wildlife shall not:
(1) Be classed as protected wildlife; and
(2) Require a permit from the department for possession.
Note: The last part seems to say exotic wildlife shall not require a permit.
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Louisiana
STO are probably legal in Louisiana without a permit.
The laws found relating to exotic animals don't seem to apply to STO, and the state has been described as being lenient towards owning exotics.
LA. ADMIN. CODE tit. 76, §115 - Possession of Potentially Dangerous Wild Quadrupeds:
C. No person shall possess within the state of Louisiana, any of the following species or its subspecies of live wild quadrupeds, domesticated or otherwise:
1. cougar or mountain lion (Felis concolor),
2. black bear (Ursus americanus),
3. grizzly bear (Ursus arctos),
4. polar bear (Ursus maritimus),
5. red wolf (Canis rufus),
6. gray wolf (Canis lupus),
7. wolf-dog hybrids (Canis lupus or Canis rufus x Canis familiarus).
Note: STO are not on the list and nowhere near as large or dangerous.
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Maine
STO are probably legal in Maine with a permit.
According to the API Summary of Laws Relating to Private Possession of Exotic Animals:
"A person may possess a wild animal after obtaining a permit."
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Michigan
STO are probably legal without a permit.
News Article: "Click on Detroit", 2004-07-07.
"Jim Janson, a wildlife division permit specialist for the Michigan Department of Natural Resources, said there are no restrictions in the state against owning a monkey; however, someone looking to keep a monkey as a pet must first check with their local government offices for ordinances against exotic pets, according to the paper's report."
If there are no state restrictions on owning a monkey, probably STO are legal too?
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Nevada
STO are probably legal in Nevada without a license or permit.
STO seem to be legal according to the exotic pet-related statute, plus a STO owner has confirmed that they are legal in Nevada.
Thanks go to Ian Fuller of Nevada who helped confirm that STO are legal there.
NEV. ADMIN. CODE ch. 503, §140 - Species for which certain permits and licenses are not required: Specification; release; sale; exceptions.
1. Except as otherwise provided in subsection 4 and NAC 503.500 to 503.535, inclusive, the following animals may be possessed, transported, imported and exported without a permit or license issued by the division:
(o) Marsupials;
Note: STO are marsupials, therefore can be owned, transported, imported/exported without a license.
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New Hampshire
STO are legal in New Hampshire (after Oct-Nov 2004).
In 2004, Holly Davis petitioned New Hampshire's Fish & Game Department to allow STO. In September 2004, New Hampshire told her they will put STO on the list of "non-controlled" species. The change should go into effect around October or November of 2004. Holly adds that the Fish and Game department in New Hampshire is the sole regulator for animal ownership and permits. Congratulations, Holly! Thanks from STO lovers everywhere!
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New Jersey
STO are legal to own with a $10 Individual Hobby permit from the New Jersey Fish and Wildlife department.
The permit application can be found on the website: http://www.njfishandwildlife.com. In the "Forms" section they might be found in the "Other" category.
Thanks go to Ann of New Jersey for helping provide info about these rules!
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New York
According to a hobby breeder in New York state, STO are legal.
Thanks go to Anne of Batavia, New York for this information.
Reportedly, STO may be illegal to own in New York City (as are many other small pets).
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Ohio
STO are probably legal in Ohio without a permit.
According to the API Summary of Laws Relating to Private Possession of Exotic Animals:
"Persons in the state possessing non-domestic animals do not need to obtain a permit."
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Oregon
According to the Department of Fish and Wildlife, STO are legal to own, sell and transport within Oregon without a permit.
A bulletin from 2002 says that STO are legal - the website was found on "Department of Fish and Wildlife Chapter 635" that used to be found at http://arcweb.sos.state.or.us/rules/0202_Bulletin/0202_ch635_bulletin.html
Noncontrolled Species
(1) Except as otherwise provided in these rules or other rules of the commission, wildlife listed below may be imported, possessed, sold, purchased, exchanged or transported in the state without a permit:
(a) Noncontrolled Mammals: Common Name -- Family -- Genus/species:
(A) Order Monotremata: Echidnas -- Tachyglossidae -- All species.
(B) Order Didelphimorphia: Short-tailed opossums -- Marmosidae -- Monodelphis All species.
Note: STO are short-tailed opossums from Monodelphis.
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Tennessee
STO may be illegal in Tennessee or require a state license to sell.
The state has been described as difficult for owning exotics.
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Texas
STO are legal to own and sell in Texas without a license.
The state has no restriction on sales or ownership of STO or other exotic animals as long as they are not considered dangerous (lions, tigers, bears, etc).
Thanks go to Shelly Atkinson and Bill who helped confirm STO are legal in Texas.
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Virginia
STO may be illegal in Virginia or require a state license to sell.
The state has been described as difficult for owning exotics.
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Washington
STO are probably legal in Washington without a license, but check county and city regulations.
According to the API Summary of Laws Relating to Private Possession of Exotic Animals:
"The state does not require persons possessing exotic animals to obtain a permit. This is governed by city or county regulations. However, the state does require all exotic animals entering the state to obtain a health certificate."
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West Virginia
STO are probably legal in West Virginia without a permit.
According to the API Summary of Laws Relating to Private Possession of Exotic Animals:
"The state only regulates native species to the state. A person possessing a native animal in captivity as a "pet" must obtain a permit. However, there are no state laws governing private possession of exotic animals."
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Wisconsin
STO might be legal in Wisconsin, unless the state passed laws against exotic pet ownership since the monkey pox scare in 2003.
According to the API Summary of Laws Relating to Private Possession of Exotic Animals:
"There are no state laws governing private possession of exotic animals."
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Please email any information you know about the laws in your area (state, county, city, municipal, etc) - are STO legal to own? Sell? Bring into the state? What are the exotic law statutes? Let us know!
