M20 3.0 ebike class?

Concerned about laws in my state that classify e-bikes as having a max speed of 28mph. Reached out to Engwe support and they told me the factory max speed of the M20 3.0 is 20mph? Confused because website clearly says 40mph, but they are claiming it qualifies as a class 2 e-bike. Has anybody had problems in their state justifying the M20 3.0 as an ebike? I’m worried law enforcement will consider it an unregistered electric motorcycle given 40mph claim.