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Didn't you see that other thread where they were discussing CARB and exemptions and "off road use only"? All the intakes will be street legal, unless you're in California where modifying the factory intake is not legal due to California Air Resources Board regulations. Now, if AEM or K&N or anybody else get CARB to certify their intake and grant it a CARB exemption it will be legal.
Of course, none of this matters to me or you, since we don't live in California.
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ok, my bad........Ive never had an issue at the smog station with a cold air intake though, odds are you can get away with it, or just keep your stock intake for when smog comes around in 5 years