The website shows the problem. The high power version is $100 more than the low power version. But the high power version is listed as 'off road'.
Here's the definition of Moped in Texas:
http://moped2.org/laws/Texas.htm
You could say 50cc is about 5 HP, which is about 4,000 watts. You could try to make these bikes into mopeds, but the 30 mph limit probably wouldn't work. You'd be 'more legal'.
If you wait a couple of years, real electric motorcycles that will be sold as motorcyles, complete with registrations and licenses, will show up. I don't see ebike people trying to change the laws to make 4,000 watt ebikes legal on the street. And I don't see a big company like Currie or BH coming into the market with a 4,000 watt ebike, just saying it is 'off road'.
If I had a 17 year old, I would want her to take the motorcycle training course. That's pretty much the way they handle it, these days. If that is the license requirement, I'm OK with that.
It is going to hurt the US. There is no way we will produce these super fancy drive bikes in big numbers, like a Haibike. We could make a bike with more power, but where would it go? Could you allow it on bike paths? Would people ride them in traffic? And why aren't we just waiting for a low priced motorcycle or scooter.