Anchorage police have arrested and charged a delivery driver for a company that said it was openly selling marijuana in anticipation of Alaska's new legal possession law.

Birchie Walter, 35, who works for the company Discreet Deliveries, was arrested on Wednesday when he delivered marijuana to an undercover police officer, according to police communications director Jennifer Castro. He was charged with a misdemeanor, she said.

The company had been advertising marijuana deliveries to customers in Anchorage and the Mat-Su.

"Technically we are acting (rogue) … but look forward to being legal soon," the company's site said in early January.

This week, the company's website had a new message: "We are now closed (due) to an Anchorage police sting on one of our drivers."

The message included an apology to customers and a pledge to "open again soon."

Recreational marijuana use will be legal in Alaska on Feb. 24, the result of November's ballot initiative. People will be able to possess and transport up to an ounce of marijuana under the language of Ballot Measure 2. But marijuana businesses won't legally be able to operate until 2016, after regulations governing commercial marijuana operations are in effect and the state has issued licenses.

The owner of the company, Rocky Burns, said in early January he wasn't worried about the risks of publicizing a marijuana business before selling pot is legal, and said his goal was to get ahead of Outside competition for an Alaska customer base.

Police and the head of the Alcoholic Beverage Control Board had said what the company was doing wasn't legal.

In a statement Saturday, Castro said police are "working to charge those who are violating current state and municipal laws by selling marijuana."