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I posted the definitive word from the FDA here a while back. If I remember correctly that was that if any one beam from it is above the legal limit for a laser pointer, yes. Otherwise even if the internal laser(s) is above the limit as long as it is permanently split into beams below the limit it is OK. OTOH it is NOT ok to have it hit the eyes of anyone if above a much lower limit - so you have to pretty much aim it at the ceiling.