The legal-tide seems to be headed in the direction of criminalizing it.

And even when its not legally categorized as CP, it can still be prosecuted for obscenity where its explicit ( though this is more a threat to the vendor.)

While the case of Castillo v. Texas ⚠️ ↗ involved hentai but non-lolicon material, it did establish the ability to prosecute an adult selling other adults "H" manga in an area where children can't enter.

Despite the expert testimony of Scott McCloud and Susan Napier on the artistic merit and cultural significance, the jury was told that comics are for kids; and therefore "adult comics" are an oxymoron. ( LOL. The Wikipedia entry on Susan Napier links to a Kiwi Romance author, not to the Professor of Japanese Literature and Culture.)

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Needless to say, despite their potential free-speech protections in the US, those at GC still need to be extremely cautious and aware of just how many GC members live in regions where they have not merely been successfully prosecuted, but are categorically illegal.

Dante