Owning a Virginia opossum is legal without any permit in roughly ten states, legal with a state wildlife permit in about fourteen more, and prohibited outright in more than half of the states. The states where it is legal to own a possum change over time, and local city, county, and HOA rules can be stricter than state law, so confirm the current rules with your state wildlife agency and local government before acquiring one. This article covers the Virginia opossum, the only marsupial native to North America, not the Australian possum, which is a different animal despite the similar name.
States Where No Permit Is Needed
A short list of states lets you keep a Virginia opossum without applying for any state wildlife permit. Arkansas is the clearest example: state regulations explicitly allow residents to take raccoons, opossums, squirrels, and several other native species from the wild and keep them as pets with no permit required, though selling them or transporting them out of state is prohibited.1LII / Legal Information Institute. Arkansas Code R 003 – Code Book Regulations Wisconsin similarly exempts opossums from its wildlife licensing requirements, though the animal must still be legally obtained.2Wisconsin State Legislature. Wisconsin Code 169.04 – Possession of Live Wild Animals
The other states that generally allow opossum ownership without a state-level permit include Delaware, Florida, Idaho, Illinois, Kansas, South Dakota, Utah, and Wyoming. “No permit needed” is not the same as “no rules.” Some of these states still require the animal to come from a captive-bred source rather than being trapped in the wild, and local city or county ordinances can impose their own restrictions or outright bans on top of state law.
States That Allow Opossums With a Permit
About fourteen states allow private opossum ownership only after you obtain a wildlife possession permit from the state’s fish and game or natural resources agency. Indiana classifies the Virginia opossum as a Class II wild animal, defined as a species that may pose a threat to human safety, and requires a permit before you can keep one.3Indiana General Assembly. Indiana Administrative Code Title 312, Article 9, Rule 11, Section 7 Ohio requires a Noncommercial Propagating License at a cost of $25 for anyone permanently possessing native fur-bearing animals, and the animal must come from a legally licensed captive source.4Ohio Department of Natural Resources. Wild Animal Propagation – Noncommercial Missouri treats the Virginia opossum as a large carnivore, so a specialized large-carnivore permit applies.
Iowa classifies opossums as fur-bearing animals, making it unlawful to possess one except under the licensing conditions established in state code.5Iowa Legislature. Iowa Code Chapter 481A – Wildlife Conservation Other states in this group include Kentucky, Michigan, Nebraska, Nevada, New Jersey, New Mexico, North Dakota, Oklahoma, Tennessee, and West Virginia. Permit fees, documentation requirements, and processing times vary considerably from one state to the next.
States That Prohibit Opossum Ownership
More than half the states flatly prohibit keeping a Virginia opossum as a pet, and no permit will change that. California bans possession of all marsupial species unless a person holds a special revocable permit that the state rarely issues to private individuals.6Justia. California Fish and Game Code Article 1 – Generally Colorado’s wildlife agency maintains a list of mammals legal to keep as pets, and while short-tailed possums and sugar gliders appear on it, the Virginia opossum does not; any species not on the approved list is prohibited.7Colorado Parks and Wildlife. Wildlife Are Not Pets Georgia’s Department of Natural Resources is equally direct, listing the opossum as a native species that “may not be held as a pet regardless of its origin or morphology.”8Georgia Department of Natural Resources. Guide to Legal Pets
The states (plus D.C.) where private opossum ownership is illegal include Alabama, Alaska, Arizona, California, Colorado, Connecticut, Georgia, Hawaii, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Montana, New Hampshire, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Vermont, Virginia, and Washington. In most of these states, only licensed wildlife rehabilitators or educational exhibitors can possess opossums legally.
Local Ordinances and HOAs Can Still Say No
Living in a state that permits opossum ownership does not guarantee your city or county agrees. Many states explicitly allow local governments to impose stricter animal-possession rules than state law requires. California’s restricted-species regulations contain a provision stating that no state rule prevents a city or county from enacting more restrictive ordinances regarding possession or care of wild animals. The principle applies broadly: a municipality can ban exotic pets even when the state allows them.
Homeowners associations add another layer. HOA covenants routinely prohibit “exotic” or “non-domestic” animals, and these restrictions are enforceable through fines or legal action regardless of what state wildlife law says. Before acquiring an opossum, check three levels of authority: your state wildlife agency, your city or county animal-control office, and, if applicable, your HOA governing documents.
How the Permit Process Works
In states that require a wildlife possession permit, expect a process that takes anywhere from a few weeks to several months. Specifics vary, but most states follow a similar pattern.
Documentation You Will Need
The most important document is proof of legal acquisition. Every permit-issuing state requires evidence that the opossum was captive-bred, not taken from the wild. In Ohio, for instance, permit holders must retain a certificate of origin, bill of sale, or other approved evidence of lawful acquisition for each animal.4Ohio Department of Natural Resources. Wild Animal Propagation – Noncommercial This paperwork comes from the licensed breeder or propagator you buy from.
Most agencies also require a detailed enclosure plan showing the dimensions, materials, and security features of the opossum’s housing. Some states ask for photographs or diagrams. A health certificate from a veterinarian confirming the animal is free of disease is standard. The official application form is usually available as a download from the state wildlife agency’s website.
Submission and Review
Once your application packet is complete, you submit it by mail or, in some states, through an online portal. The agency sends a confirmation of receipt and begins processing, which may include contacting you for additional information or scheduling a physical inspection of your proposed enclosure to verify it meets state standards. Budget several months for approval, particularly in states that inspect before issuing.
Moving an Opossum Across State Lines
Transporting an opossum from one state to another pulls federal law into the picture. The Lacey Act makes it illegal to transport any wildlife across state lines if that animal was possessed in violation of any state law or regulation.9Office of the Law Revision Counsel. 16 USC 3372 – Prohibited Acts You need to be legal in both the state you are leaving and the state you are entering. Carrying a legally owned Arkansas opossum into California, where all marsupials are banned, would violate both California state law and federal law.
Most states also require a Certificate of Veterinary Inspection, commonly called a health certificate, before any animal crosses their border. It must be issued by an accredited veterinarian shortly before travel, usually within 10 to 30 days. If the destination state requires a wildlife import permit, that permit typically must be in hand before the animal arrives. Contact the destination state’s wildlife and agriculture agencies well ahead of any planned move.
Penalties for Illegal Possession
Getting caught with an opossum in a state that bans them, or without a required permit, has real consequences. The specifics depend on the jurisdiction, but the pattern is consistent: illegal wildlife possession is treated as a misdemeanor in most states, punishable by fines ranging from a few hundred to several thousand dollars. Arkansas, at the mild end, imposes fines between $25 and $250 for violations of its wildlife possession regulations.1LII / Legal Information Institute. Arkansas Code R 003 – Code Book Regulations Lacey Act violations carry their own federal penalties on top of whatever the state imposes. Beyond fines and possible jail time, the animal is almost always confiscated immediately and transferred to a licensed wildlife rehabilitator, and some states bar convicted violators from holding exotic-animal permits in the future.