The K&N 63-9025 Aftermarket Air Intake System is street legal in most states, except California. Air Intake Cleaners with no EO (Executive Order) are not California street legal. Consult K & N's website to search by part to see which cold air intakes conform to CARB regulations.
With that said, your 2005 Toyota Tacoma will not pass the smog check with the K & N Air Intake you have currently installed. We recommend installing the stock air intake filter and housing, or contacting K & N for a CARB approved air intake system for your Toyota Tacoma.