They may be encrypted, but they are still the actual ROMs, so putting "clean" versons on the SD Card with encrypted versons in Amiga Forever shouldn't matter, should it?. After all, you can rip clean versions of the ROMs from Amiga forever by running ROM-ripper software from within a running Workbench.
If you're talking 100% legally worldwide for commercial use then no, they aren't the same.
You'd need to get a license from the rights holder, unless another licensee has the rights to ship unencrypted kickstart roms & you can do a deal with them.
Doing a deal with Amiga Forever and getting minimig to work off encrypted images would probably be your best bet. Whether you'd still be able to bundle the file on the SD card, I don't know.